Texas House Bill HB5364

Texas 2023 - 88th Regular

• Filed: 4/11/23

Caption

Relating to the eminent domain authority of the Crosby Municipal Utility District.

Impact

Should HB 5364 pass, it will directly impact the eminent domain framework as applied to the Crosby Municipal Utility District. By repealing outdated provisions, the law will facilitate compliance with contemporary legal standards and potentially safeguard the interests of property owners against excessive governmental seizure. This change could lead to greater predictability for both the district and affected landowners in terms of authority over property rights and the processes involved in claiming eminent domain powers.

Summary

House Bill 5364 seeks to revise the eminent domain authority of the Crosby Municipal Utility District by repealing certain provisions established in its founding act from 1965. This legislative move aims to align the district's eminent domain practices with the prevailing legal framework in Texas, thereby standardizing the procedures under which the district can exercise its eminent domain power. The bill reflects a broader trend of legislative reform focused on enhancing the consistency and legality of municipal regulations regarding property acquisition and land use.

Sentiment

The sentiment surrounding HB 5364 appeared to be generally positive among the legislators who discussed it. Representative Kane expressed enthusiasm about the bill during the committee meetings, highlighting the bill’s central aim of repealing unnecessary laws, which can be interpreted as a move towards more efficient governance. However, the overall discussions did not include significant opposing viewpoints, suggesting a consensus around the need for this specific change, although detailed critiques or alternative proposals were not documented.

Contention

While HB 5364 does not appear to face substantial opposition, the broader implications of changes to eminent domain law can sometimes be contentious. Advocates for property rights and local governance often emphasize the need for transparency and accountability in how eminent domain powers are exercised, fearing that amendments may lead to overreach by municipal entities. However, as presented, HB 5364's intent to align with general law indicates a careful consideration of these issues within the legislative framework.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 9012. Crosby Municipal Utility District Of Harris County, Texas
  • Section: New Section