Texas House Bill HB5369

Texas 2023 - 88th Regular

• Filed: 4/12/23
• Out of House Committee: 5/1/23
• Voted on by House: 5/6/23
• 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 Sandow 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.

Impact

The creation of the Sandow Municipal Utility District has implications for local governance in Milam County, particularly concerning infrastructure development and utility management. By enabling the district to impose assessments and issue bonds, it allows for funding and enhancement of essential services. Additionally, the authority to exercise a limited power of eminent domain permits the district to acquire land necessary for infrastructure projects, though such powers can raise concerns about property rights and land use among residents.

Summary

House Bill 5369 establishes the Sandow Municipal Utility District No. 1 in Milam County, granting it limited powers including the authority to impose assessments, issue bonds, and exercise eminent domain. With an initial territory comprising approximately 201 acres of undeveloped land, the bill aims to facilitate management and development of utility services and infrastructure within the district. It follows a standard municipal utility district template while also complying with state constitutional requirements regarding local governance and public services.

Sentiment

The general sentiment surrounding HB 5369 appears to be supportive, as it has successfully passed through legislative committees with minimal opposition. Lawmakers and stakeholders recognize the necessity of establishing utility districts to support growing infrastructural needs in developing areas. However, there is potential for contention regarding the implementation of eminent domain as it may impact landowners within the district's boundaries.

Contention

A notable point of contention is the limited power of eminent domain granted to the district. While such powers are typical in utility district legislation, they can provoke backlash from property owners who may feel their rights are being undermined. While proponents argue that the district's creation will enhance community services and infrastructure, there is a delicate balance to maintain between development and the rights of existing landowners.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7986. Montgomery County Municipal Utility District No. 158
  • 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
  • Section: New Section

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

• Chapter 1. General Provisions
  • Section: New Section