Texas Senate Bill SB1869

Texas 2013 - 83rd Regular

Caption

Relating to the creation of the Kendall County Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Impact

The bill highlights the powers and responsibilities of the newly formed district, governed by a board of five elected directors. One significant legislative point is the provision of limited eminent domain. Although the initial version of the bill included this power, a subsequent amendment made it clear that the district could not exercise this authority unless it received a two-thirds majority vote from both legislative houses. This aspect has generated discussion on the balance between local governmental powers and state oversight.

Summary

SB1869 establishes the Kendall County Municipal Utility District No. 1, intended to facilitate municipal utility services within a designated area. This new district will be granted the authority to issue bonds and impose assessments, fees, or taxes to fund various utilities and infrastructure necessary for community development. The establishment of the district is framed around serving public purposes, as outlined in the Texas Constitution, specifically under Section 59, Article XVI.

Conclusion

Overall, SB1869 represents an effort to provide structured utility management in Kendall County while balancing local needs and state interests. Its success and acceptance will likely depend on community response and the effectiveness of its implementation by the newly formed utility district.

Contention

One notable point of contention surrounding SB1869 is the relationship between the district's governance and local authority. Critics may argue that granting a new district the power to impose taxes and issue bonds could lead to potential overreach and conflicts with existing local governance structures. The required municipal consent for the district's establishment adds a layer of complexity, as community stakeholders must navigate local interests and the implications of new taxes and assessments on residents.