Texas 2023 - 88th Regular

Texas House Bill HB5377

Filed
4/14/23  
Out of House Committee
5/8/23  
Voted on by House
5/12/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/18/23  

Caption

Relating to the creation of the Fannin Farms Municipal Utility District of Fannin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The bill explicitly prohibits the district from exercising the power of eminent domain, a notable point of contention as this can limit the district's ability to acquire land for essential projects. In terms of state laws, it outlines the framework for creating a municipal utility district while ensuring compliance with local consent requirements, thus impacting how infrastructure development is managed within the region. By following established templates for municipal utility districts, it aims to guarantee that the district operates within the legal norms set forth by Texas state law.

Summary

House Bill 5377 facilitates the establishment of the Fannin Farms Municipal Utility District in Fannin County, Texas. Spanning approximately 101 acres of undeveloped land, the district will focus on residential development. The bill emphasizes that the district lies outside the corporate limits and extraterritorial jurisdiction of any city, thus allowing for the tailored management of municipal services and infrastructure. It grants the district the authority to impose assessments and charges, issue bonds, and develop necessary facilities for the projected residential community.

Sentiment

The sentiment surrounding HB 5377 has been largely supportive, particularly among local stakeholders who view the creation of the district as an opportunity for economic growth through new residential developments. However, the lack of eminent domain powers raises concerns among some community advocates who worry this may hinder necessary infrastructure improvements. Overall, the mood reflects an optimistic approach to enhancing local governance and development while carefully navigating the limitations imposed by the bill.

Contention

Key points of contention include the implications of denying the district the ability to use eminent domain, potentially affecting its effectiveness in launching critical infrastructure projects that serve the anticipated residential population. The debate also revolves around the need for local consent and the district's authority to manage its fiscal responsibilities, including taxation and bond issuance, which could constrict or empower local governance capabilities, depending on the community's perception and engagement.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 8002. Harris County Municipal Utility District No. 61
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Water Code

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

Companion Bills

TX SB2609

Identical Relating to the creation of the Fannin Farms Municipal Utility District of Fannin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Previously Filed As

TX SB2609

Relating to the creation of the Fannin Farms Municipal Utility District of Fannin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX HB3924

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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

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TX HB4207

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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

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TX HB4743

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