Texas 2023 - 88th Regular

Texas House Bill HB5384

Filed
4/17/23  
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
5/21/23  
Governor Action
6/11/23  

Caption

Relating to the creation of the Harris-Waller Counties Municipal Utility District No. 9; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

By establishing the Harris-Waller Counties Municipal Utility District No. 9, the bill provides a structured approach to utilities management and infrastructure development within the designated areas. This comes at a time of growing needs in utility services due to population growth and development in the regions of Harris and Waller Counties. Local governance will benefit from additional financial resources and improved infrastructure planning, which may also lead to enhanced community services. However, the bill stipulates that municipal consent is required for the district's creation, aligning it with local governance interests.

Summary

House Bill 5384 relates to the creation of the Harris-Waller Counties Municipal Utility District No. 9. This bill grants the district various powers, including the ability to impose taxes, fees, and assessments necessary for its operations. One of the notable features of this legislation is a provision allowing limited power of eminent domain, which permits the district to acquire property for public use under specific conditions, while emphasizing that the district may not exercise this power broadly.

Sentiment

The sentiment surrounding HB5384 appears to be largely favorable among legislators who view it as a necessary step towards efficient management of utilities in growing areas. The discussion in committee meetings highlighted the importance of local control and input in the creation of such districts. Nonetheless, some concern was expressed regarding potential overreach in the use of the eminent domain powers, with critics arguing that this could lead to conflicts between the district’s operations and individual property rights.

Contention

A key point of contention within HB5384 stems from the limited power of eminent domain that the district is permitted to exercise. Critics argue that this could create a pathway for unwanted encroachment into privately owned properties, fostering unease among residents regarding the district's potential influence over their land. Furthermore, the requirement for municipal consent serves as a safeguard against unilateral decisions by the district, although some local government officials remain cautious about the implications of the bill on local autonomy and decision-making processes.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7996. Fort Bend County Municipal Utility District No. 246
    • Section: New Section
    • Section: New Section
    • Section: New Section

Water Code

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

Companion Bills

No companion bills found.

Similar Bills

TX HB4268

Relating to the creation of the Celina Municipal Management District No. 2; providing authority to issue bonds and impose assessments, fees, and taxes.

TX SB2530

Relating to the creation of the Van Alstyne Municipal Utility District No. 2 of Collin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB709

Relating to the creation of the Harris County Municipal Utility District No. 524; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

TX SB475

Relating to the creation of the Harris County Municipal Utility District No. 524; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.