Texas House Bill HB5304

Texas 2023 - 88th Regular

• Filed: 3/14/23
• Out of House Committee: 5/2/23
• Voted on by House: 5/9/23
• Out of Senate Committee: 5/17/23
• Voted on by Senate: 5/21/23
• Governor Action: 6/11/23

Caption

Relating to the creation of the Williamson County Municipal Utility District No. 46; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The bill allows the municipal utility district to operate under specific parameters laid out by Texas law, particularly under the Special District Local Laws Code. As such, it will have the authority to engage in projects that enhance local infrastructure, including road improvements, and facilitate easier public access to essential utilities. This can lead to substantial benefits for residents and businesses in the area, potentially improving the quality of life, accessibility, and property values within the district.

Summary

House Bill 5304 establishes the Williamson County Municipal Utility District No. 46, conferring upon it specific powers and responsibilities that include limited eminent domain authority, the ability to issue bonds, and the power to impose assessments, fees, and taxes. This legislative measure aims to facilitate the provision of utility services in Williamson County, ensuring that the needs of a growing population are met effectively. The creation of the district is grounded in public interest and is designed to improve infrastructure, particularly road maintenance and development in the area.

Sentiment

Overall, the sentiment surrounding HB 5304 appears to be supportive, particularly among local stakeholders who anticipate the benefits of improved utility infrastructure and services. However, there are concerns regarding the exercise of eminent domain power, as this could affect landowners within the district. Proponents argue that the district's development and financial capabilities could significantly contribute to the region’s growth, while skeptics highlight the potential for overreach in property rights and governance.

Contention

A point of contention regarding HB 5304 lies in the enabling of eminent domain powers, which raises valid concerns among property owners about the government’s ability to appropriate land for district developments. The bill does require consent from municipalities for the creation of the district, indicating a check against unilateral decisions. Nevertheless, the balance between public utility improvements and the safeguarding of property rights is a critical aspect that will continue to be debated within the community.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7971. Trinity Lakes Municipal Utility District Of Montgomery County
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: New Section
  • Section: 102
  • Section: 107
  • Section: 108
  • Section: 004
  • Section: 102

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