BILL ANALYSIS Senate Research Center H.B. 4642 87R16660 MP-F By: Stephenson (Kolkhorst) Local Government 5/19/2021 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT H.B. 4642 creates the Fort Bend County Municipal Utility District No. 253 (district) as a political subdivision of the State of Texas. The district will construct and finance water, sewer, drainage, road, and recreational facilities to serve property within the district, which is located in Fort Bend County. The district will be a municipal utility district operating pursuant to Chapters 49 and 54, Water Code. A special district is needed to finance and construct the infrastructure (water, sewer, drainage, roads, and recreational facilities) necessary to promote the development of the area within the district. Special districts are created for specific areas. No special district currently serves the area proposed to be included in the district. The owner of all of the land in the district supports the creation of the district. There is no known opposition to this legislation. H.B. 4642 amends current law relating to the creation of the Fort Bend County Municipal Utility District No. 253, grants a limited power of eminent domain, provides authority to issue bonds, and provides authority to impose assessments, fees, and taxes. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 7940A, as follows: CHAPTER 7940A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253 Sets forth standard language for the creation of the Fort Bend County Municipal Utility District No. 253 (district). Sets forth standards, procedures, requirements, and criteria for: Creation and approval of the district and election of permanent directors (Sections 7940A.0101-7940A.0106); Size, composition, and terms of the board of directors of the district (Sections 7940A.0201-7940A.0202); Powers and duties of the district (Sections 7940A.0301-7940A.0306); and General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7940A.0401-7940A.0503). SECTION 2. Sets forth the initial boundaries of the district. SECTION 3. Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 4. (a) Provides that if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7940A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7940A.0307, as follows: Sec. 7940A.0307. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain. (b) Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution. SECTION 5. Effective date: upon passage or September 1, 2021.
BILL ANALYSIS
Senate Research Center H.B. 4642
87R16660 MP-F By: Stephenson (Kolkhorst)
Local Government
5/19/2021
Engrossed
Senate Research Center
H.B. 4642
87R16660 MP-F
By: Stephenson (Kolkhorst)
Local Government
5/19/2021
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
H.B. 4642 creates the Fort Bend County Municipal Utility District No. 253 (district) as a political subdivision of the State of Texas. The district will construct and finance water, sewer, drainage, road, and recreational facilities to serve property within the district, which is located in Fort Bend County. The district will be a municipal utility district operating pursuant to Chapters 49 and 54, Water Code.
A special district is needed to finance and construct the infrastructure (water, sewer, drainage, roads, and recreational facilities) necessary to promote the development of the area within the district.
Special districts are created for specific areas. No special district currently serves the area proposed to be included in the district.
The owner of all of the land in the district supports the creation of the district.
There is no known opposition to this legislation.
H.B. 4642 amends current law relating to the creation of the Fort Bend County Municipal Utility District No. 253, grants a limited power of eminent domain, provides authority to issue bonds, and provides authority to impose assessments, fees, and taxes.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 7940A, as follows:
CHAPTER 7940A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253
Sets forth standard language for the creation of the Fort Bend County Municipal Utility District No. 253 (district). Sets forth standards, procedures, requirements, and criteria for:
Creation and approval of the district and election of permanent directors (Sections 7940A.0101-7940A.0106);
Size, composition, and terms of the board of directors of the district (Sections 7940A.0201-7940A.0202);
Powers and duties of the district (Sections 7940A.0301-7940A.0306); and
General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7940A.0401-7940A.0503).
SECTION 2. Sets forth the initial boundaries of the district.
SECTION 3. Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTION 4. (a) Provides that if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7940A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7940A.0307, as follows:
Sec. 7940A.0307. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain.
(b) Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.
SECTION 5. Effective date: upon passage or September 1, 2021.