Texas House Bill HB5385

Texas 2023 - 88th Regular

• Filed: 4/18/23
• Out of House Committee: 5/3/23
• Voted on by House: 5/9/23
• Out of Senate Committee: 5/15/23
• Voted on by Senate: 5/21/23
• Governor Action: 6/11/23

Caption

Relating to the creation of the Harris County Municipal Utility District No. 582; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

By authorizing the creation of the municipal utility district, HB 5385 provides a framework for financing and undertaking essential public infrastructure projects in Harris County. The district can issue bonds without requiring a voter-approved ad valorem tax first, thus facilitating quicker funding for necessary improvements. However, the bill expressly prohibits the district from exercising the power of eminent domain, which may limit its ability to acquire land for its projects, causing some debate about its long-term efficacy.

Summary

House Bill 5385 establishes the Harris County Municipal Utility District No. 582, which covers approximately 195.749 acres of land in the extraterritorial jurisdiction of Houston. The bill outlines the district's powers, including the authority to issue bonds, impose assessments and taxes, and engage in public utility projects such as road construction and maintenance. This initiative aims to manage and provide essential services for the newly defined area, enhancing local infrastructure development and public amenities.

Sentiment

The sentiment surrounding HB 5385 appears to be largely supportive among local officials and stakeholders who recognize the need for improved infrastructure and municipal services. Advocates appreciate the streamlined process for establishing a new utility district in a rapidly developing area. However, there are notable concerns among some residents about the district's financial oversight and its approach to land acquisition, especially since it lacks eminent domain powers. This has led to discussions on the balance between facilitating growth and ensuring equitable community development.

Contention

Contentions primarily involve the methods by which the district will fund its operations and the implications of not having eminent domain powers. While proponents argue that the bill simplifies the process of infrastructure development, opponents express fears that such financial powers could lead to mismanagement or inadequate service if not properly regulated. The ongoing discussions highlight the tension between local government efficacy and maintaining accountability to the residents of Harris County.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7959. Williamson County Municipal Utility District No. 33
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: New Section
  • Section: 102
  • Section: 102
  • Section: 102
  • Section: 102
  • Section: 107
  • Section: 108

• Chapter 54. Municipal Utility Districts
  • Section: New Section
  • Section: 016
  • Section: 0165
  • Section: 001
  • Section: 016
  • Section: 0165
  • Section: New Section
  • Section: 016
  • Section: 0165
  • Section: 601
  • Section: 602
  • Section: New Section
  • Section: 601
  • Section: 602