Texas 2023 - 88th Regular

Texas House Bill HB5381

Filed
4/14/23  
Out of House Committee
5/3/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the Theon Ranches Municipal Utility District No. 4; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The legislation impacts state laws regarding municipal utility districts by creating a specific utility district with allocated powers and responsibilities. It introduces provisions for public financing through bonds while maintaining checks on how these powers can be utilized, especially concerning taxation. The act stipulates that borrowing through bonds would not exceed a certain limit based on the assessed value of real property in the district, requiring community approval for ad valorem taxes. These controls aim to protect residents from over-borrowing while enabling necessary advancements in local infrastructure and services.

Summary

House Bill 5381 establishes Theon Ranches Municipal Utility District No. 4 in Williamson County, Texas. This district will be granted the authority to engage in various functions typically associated with municipal utility districts, including the power to issue bonds, levy taxes, and assess fees. In particular, the bill delegates limited powers, such as the ability to exercise eminent domain for the benefit of infrastructure projects within the district, albeit subject to certain municipal regulations. The act aims to facilitate the development of utility services and infrastructure necessary for the district's growth and sustainability.

Sentiment

The sentiment around HB 5381 appears generally positive among its supporters, particularly those interested in local economic development and infrastructure enhancements. However, certain concerns may arise about the implications of eminent domain and the financial responsibilities placed on residents via taxes and assessments. Discussions during committee hearings reflected broader sentiments regarding the balance of local governance and state intervention, emphasizing the need for a structured approach that addresses local community needs without overreach.

Contention

A notable point of contention regarding HB 5381 revolves around the delegation of eminent domain powers. Critics may argue that this could lead to potential overreach in terms of land acquisition, particularly if the community isn't fully aligned with the district's infrastructure plans. The requirement of municipal consent adds a layer of governance, yet conflicts can still arise over how these powers are applied. Additionally, the district's financial model, reliant on assessments and bonds, raises questions about the fiscal responsibilities it may impose on property owners and the long-term commitment required to maintain such utility services.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7964. Brazoria County Municipal Utility District No. 70
    • Section: New Section
    • Section: New Section

Water Code

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

Companion Bills

No companion bills found.

Similar Bills

TX SB1116

Relating to the creation, administration, powers, duties, functions, operations, and financing of the Crystal Clear Special Utility District; providing authority to issue bonds; granting a limited power of eminent domain.

TX SB2456

Relating to the powers and duties of the Karis Municipal Management District of Tarrant County; changing the territory of the district; providing a civil penalty; providing authority to issue bonds.

TX HB4154

Relating to the creation of the Grand Lake Estates Management District and the Montgomery County Municipal Utility District No. 152, and to the boundaries of the Harris County Municipal Utility District No. 465; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

TX SB2015

Relating to the creation of the Montgomery County Municipal Utility District No. 152; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB4143

Relating to the creation of the Montgomery County Municipal Utility District No. 152; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.