Texas 2023 - 88th Regular

Texas House Bill HB5307

Filed
3/16/23  
Out of House Committee
5/3/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/17/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

Relating to the creation of the Montgomery County Municipal Utility District No. 228; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The impact of this bill on state law includes the establishment of a new municipal utility district which will operate independently from any city or county government within its boundaries. By enabling the district to impose taxes and issue bonds without the need for a city’s approval, HB5307 significantly facilitates development planning and infrastructure improvements in Montgomery County. The ability to impose assessments will directly affect property owners within the district, as they may bear additional financial responsibilities.

Summary

House Bill 5307 establishes the Montgomery County Municipal Utility District No. 228, which is set to manage infrastructure in an area covering approximately 319 acres of undeveloped land for primarily residential purposes. The bill grants the district limited powers of eminent domain, allowing it to acquire land for utility projects. Furthermore, HB5307 provides the authority to issue bonds and to impose assessments, fees, and taxes on properties within the district to fund its operations and projects, including water and drainage facilities in accordance with state law.

Sentiment

The sentiment surrounding HB5307 appears to be generally supportive from local representatives who see the creation of the Municipal Utility District as a step forward in managing growth in Montgomery County. However, some concerns may arise regarding the implications of eminent domain powers and the potential financial burdens on property owners. Thus, while the bill is aimed at fostering development, it also raises questions about property rights and local governance.

Contention

Notable points of contention regarding HB5307 could include the limited use of eminent domain, which, while necessary for the district's operation, may provoke opposition from landowners impacted by potential land acquisition. Additionally, the authority granted to issue bonds without much oversight might raise concerns about financial transparency and accountability within the district's operations. The balance between facilitating development and protecting local property rights is likely to be a key point of debate among stakeholders.

Texas Constitutional Statutes Affected

Water Code

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

Special District Local Laws Code

  • Chapter 7969. Fort Bend County Municipal Utility District No. 224
    • Section: New Section

Companion Bills

TX SB2574

Identical Relating to the creation of the Montgomery County Municipal Utility District No. 228; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX SB2574

Relating to the creation of the Montgomery County Municipal Utility District No. 228; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB5354

Relating to the creation of the Firefly 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 SB2600

Relating to the creation of the Firefly 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.