Texas 2023 - 88th Regular

Texas House Bill HB5315

Filed
3/22/23  
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
6/12/23  

Caption

Relating to the creation of the Montgomery County Municipal Utility District No. 219; 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 5315 is expected to enhance the local administrative framework for utilities in Montgomery County. By creating this district, it allows for better management of infrastructure projects, including streets and drainage, which can lead to improved public services in the growing areas of the county. The authority to impose fees and taxes means that the district can fund the essential operations and upgrades needed for efficient utility service delivery, signaling potential improvements in both economic and residential conditions. The district’s power to issue bonds also enables financing for critical development projects that could not be funded through traditional means.

Summary

House Bill 5315 relates to the establishment of the Montgomery County Municipal Utility District No. 219. This bill grants the district a limited power of eminent domain and the authority to issue bonds, along with the ability to impose assessments, fees, and taxes. The creation of this utility district aims to address utility needs specifically within the Montgomery County area, facilitating local governance and management of public services. The provisions include requirements for municipal consent before the district can proceed with elections or impose taxes, ensuring collaboration with local authorities.

Sentiment

The sentiment surrounding HB 5315 appears to be largely supportive, especially from the local representatives and stakeholders involved. Proponents argue that the establishment of the district will lead to more localized control over utility management and foster growth in the community. However, there may be concerns regarding the implications of granting eminent domain powers, even if limited, which could lead to apprehension among residents about the district's impact on property rights and local oversight.

Contention

Notable points of contention include the district's ability to impose taxes and the potential for using eminent domain, which could raise concerns about land acquisitions without adequate compensation. Discussions often revolve around the balance of power between local government control versus the necessity of the utility district's capabilities to effectively provide services. Ensuring that the creation and operation of the district aligns with the community's needs, while also safeguarding property rights, will be crucial in the ongoing discussions about this legislation.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7960. Deer Creek Ranch Municipal Utility District No. 1
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Water Code

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

Government Code

  • Chapter 313. Notice For Local And Special Laws
    • Section: New Section

Companion Bills

TX SB2584

Identical Relating to the creation of the Montgomery County Municipal Utility District No. 219; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX HB3924

Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.

TX HB2640

Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds and exercise the power of eminent domain; providing general law authority to impose assessments, fees, surcharges, or taxes.

TX SB1360

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

TX HB4207

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

TX HB1523

Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

TX HB4327

Relating to the creation of the Southwest Travis County Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain; providing authority to impose fees and assessments.

TX HB4038

Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds; providing authority to impose fees.

TX HB4743

Relating to the creation of the Terrell County Groundwater Conservation District; providing authority to impose a tax and issue bonds.