Texas 2023 - 88th Regular

Texas House Bill HB4307

Filed
3/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The introduction of HB 4307 is poised to enhance local governance by allowing the new district to manage utility-related functions and infrastructure development. The ability to issue bonds without needing constant voter approval for all financing adds financial flexibility to the district, which can facilitate necessary improvements and maintenance of utility services. This legislative framework also outlines the mechanisms for imposing taxes on property within the district, which can ensure a steady revenue stream for district operations. Furthermore, the provisions related to the construction and maintenance of roads support broader infrastructure development aligned with the district's objectives.

Summary

House Bill 4307 establishes the Maxwell Municipal Utility District No. 1 in Caldwell County, Texas, covering approximately 1,044 acres. The bill grants the district limited power of eminent domain, and allows it to issue bonds and impose assessments, fees, and taxes to fund its operations. The intent of the bill is to create a framework for the new utility district to serve the public and manage utility services effectively within its designated area. Its establishment follows the typical structure for municipal utility districts in Texas, which aims to provide local governance and utility services in a defined geographical area.

Sentiment

The sentiment surrounding HB 4307 appears to be generally supportive, particularly from local representatives and stakeholders familiar with municipal utility districts. Many see the establishment of this district as a way to address local infrastructure needs effectively. However, there may be concerns among some community members regarding the implications of eminent domain powers and the potential for increased taxation depending on the district's financial practices. Overall, the sentiment reflects a balance between enthusiasm for improved services and caution regarding governance and fiscal responsibility.

Contention

While there is widespread support for the creation of Maxwell Municipal Utility District No. 1, there are points of contention regarding its powers and authority. Opponents may argue that granting eminent domain powers could lead to misuse, impacting private property rights. Additionally, the ability to impose assessments and taxes, although essential for funding utility services, raises questions about the financial burden on local residents. The bill’s provisions require the district to seek municipal consent for its creation, which helps local governance but may still spark debates about the appropriateness of state-mandated utility districts in managing local resources and infrastructure.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7961. Maxwell Municipal Utility District No. 1
    • Section: New Section
    • Section: New Section

Water Code

  • Chapter 49. Provisions Applicable To All Districts
    • Section: 102
    • Section: 107
    • Section: 108
    • Section: 102
  • Chapter 54. Municipal Utility Districts
    • Section: 016
    • Section: 0165
    • Section: New Section
    • Section: 016
    • Section: 0165
    • Section: 601
    • Section: 602

Companion Bills

TX SB887

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

Similar Bills

TX HB4627

Relating to the creation of certain municipal utility districts; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB2249

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

TX SB887

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

TX SB2253

Relating to the creation of the LC Municipal Utility District No. 1 of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.

TX HB4589

Relating to the creation of the LC Municipal Utility District No. 1 of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.

TX SB3051

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

TX HB51

Relating to the creation of the Honey Creek Improvement District No. 1; providing authority to issue bonds; providing authority to impose assessments and fees.