Texas House Bill HB5395

Texas 2023 - 88th Regular

• Filed: 4/20/23
• Out of House Committee: 5/1/23
• Voted on by House: 5/6/23
• Out of Senate Committee: 5/15/23
• Voted on by Senate: 5/21/23
• Governor Action: 6/11/23

Caption

Relating to the creation of the Fort Bend County Water Control and Improvement District No. 11; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

The establishment of this district will empower local management of water resources and infrastructure, which proponents argue is crucial for flood control and drainage in an area that has faced significant challenges related to water management. By creating a specialized district, stakeholders hope to streamline decision-making processes regarding drainage improvements and related infrastructure projects. However, the limitation on the district's authority to exercise eminent domain means that it cannot forcibly acquire land for its purposes, which could notably influence how effectively it can implement necessary improvements.

Summary

House Bill 5395 establishes the Fort Bend County Water Control and Improvement District No. 11. The goal of the bill is to provide drainage improvements for approximately 1600 acres of land within Fort Bend County, especially in the city of Richmond. This legislation allows the district to impose taxes and assess fees, as well as grants it the authority to issue bonds for funding various projects. The bill is designed to address local water management needs, focusing on gathering, conducting, and controlling stormwater and other water-related challenges in the area.

Sentiment

The reception of HB 5395 was generally supportive among those directly impacted by the drainage issues in Fort Bend County. Local officials and stakeholders expressed optimism that the formation of the district could lead to targeted and effective water management solutions. As with many local governance issues, there are varied opinions, and some community members raised concerns about taxation and the potential impact on property owners. Nevertheless, the overall sentiment appears to lean towards a recognition of the need for better management of water resources within the region.

Contention

While the bill passed with a significant majority, it does not come without its challenges. The bill explicitly prohibits the district from exercising eminent domain, which some argue could hamper the district's ability to execute necessary projects effectively. This aspect has been a point of contention among those worried about land acquisition processes, potentially delaying important drainage projects. The balance between providing essential services and protecting property rights will likely continue to be a topic of discussion as the district begins its operations.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 9064. Fort Bend County Water Control And Improvement District No. 11
  • Section: New Section
  • Section: New Section
  • 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: 462
  • Section: 102

• Chapter 51. Water Control And Improvement Districts
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section
  • Section: New Section

Local Government Code

• Chapter 42. Extraterritorial Jurisdiction Of Municipalities
  • Section: 042
  • Section: 042
  • Section: 042
  • Section: 0425
  • Section: 042