Texas 2023 - 88th Regular

Texas House Bill HB5222

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to consent to the creation of certain political subdivisions.

Impact

If enacted, HB5222 would significantly alter existing local government practices concerning land and infrastructure management. The bill simplifies the requirement process for landowners wishing to create water districts by prohibiting cities from placing additional conditions on their consent. Importantly, it establishes procedures for petitioning the Texas Commission on Environmental Quality if municipalities do not provide consent within a specified timeframe, thus empowering landowners in the face of potential municipal inaction.

Summary

House Bill 5222 focuses on the processes surrounding the creation of certain political subdivisions within Texas, particularly in regards to the provision of water management and sanitary services. The bill stipulates that any political subdivision aiming to supply fresh water or sanitary sewer services cannot be formed in a municipality's extraterritorial jurisdiction without the written consent of the municipality. This written consent cannot include any additional conditions or restrictions beyond those specifically allowed by law, which encourages a more straightforward and streamlined approach for landowners seeking to establish these subdivisions.

Sentiment

The general sentiment towards HB5222 appears to be mixed, with proponents arguing that it facilitates necessary infrastructure development and eases bureaucratic hurdles for landowners. Critics, however, may view it as diminishing municipal authority and potentially undermining local management of resources. This tension reflects broader debates in Texas regarding local control versus state-level regulatory frameworks.

Contention

Notable points of contention include concerns regarding the balance of authority between municipalities and the state, especially regarding how local governments manage land, water resources, and public services. Opponents may argue that reducing municipal power in these matters could lead to inadequate oversight and planning, potentially jeopardizing service quality. The bill's implications touch on critical issues like environmental management, public health, and local governance.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 42. Extraterritorial Jurisdiction Of Municipalities
    • Section: 042
    • Section: 0425
    • Section: 043

Water Code

  • Chapter 54. Municipal Utility Districts
    • Section: 016
    • Section: New Section

Companion Bills

TX SB2349

Identical Relating to consent to the creation of certain political subdivisions.

Similar Bills

TX SB2349

Relating to consent to the creation of certain political subdivisions.

TX HB4978

Relating to the creation of municipal utility districts in the extraterritorial jurisdiction of a municipality.

TX SB32

Relating to land development, waste management, and the creation of special districts in counties.

TX HB3603

Relating to the creation of the Joshua Farms Municipal Management District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments or fees.

TX HB3605

Relating to the creation of the Joshua Farms Municipal Management District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments or fees.

TX SB2685

Relating to municipal and county consent for the creation of and inclusion of territory in certain political subdivisions.

TX HB1916

Relating to approval of subdivision plats, improvement projects, and certain special districts by certain counties.

TX HB3132

Relating to the creation of the Presidio County Emergency Services District; providing authority to issue bonds and impose taxes.