Texas 2023 - 88th Regular

Texas House Bill HB5402

Filed
4/21/23  
Out of House Committee
5/6/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

If enacted, HB5402 would significantly influence local governance in Travis County by formalizing the establishment of a municipal utility district. This new authority would enable the district to provide essential services such as water and sewage management, and to finance its projects through taxes and bonds, including possible ad valorem taxes. The provision allowing for the issuance of bonds without requiring a local election for certain revenues, but mandating voter approval for ad valorem taxes, reflects a balance between local autonomy and structured oversight of financial decisions which can directly affect residents and property owners.

Summary

House Bill 5402 seeks to establish the Travis County Municipal Utility District No. 27, specifically within the undeveloped area of Mustang Ridge, located in southern Travis County. The bill empowers the newly created district with the authority to engage in the issuance of bonds, impose assessments, and levy taxes on property within the boundaries of the district, thus providing a financial structure for local governance and infrastructure development. The intent behind this legislation is to enhance the capability to manage utilities and related services, thereby facilitating growth and development in the region where it is implemented.

Sentiment

The general sentiment surrounding the bill is supportive among local representatives and those advocating for municipal development. They see the creation of the district as a vital step towards improving public services and facilitating future growth in an area experiencing urban development. However, discussions have also raised concerns regarding the potential financial obligations placed on residents and the implications of granting eminent domain powers, which could be contentious among those wary of governmental overreach or misuse of such powers.

Contention

A notable point of contention regarding HB5402 is the authority granted to the district concerning eminent domain. The ability to acquire land through eminent domain is often a hot-button issue, with potential for significant impact on property rights and local land use. This invokes concerns from community members about how the district might exercise this power, especially in light of their responsibility to manage growth and align it with community interests while navigating the legal and ethical implications of seizing private property. The bill's reception indicates a careful balancing act between the need for development and preserving the rights of existing landholders.

Texas Constitutional Statutes Affected

Special District Local Laws Code

  • Chapter 7950. F.m. 2920/becker Road Municipal Utility District Of Harris County
    • Section: New Section
    • Section: New Section

Water Code

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

Companion Bills

TX SB2616

Identical Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Previously Filed As

TX SB2616

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB41

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB89

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB10

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB21

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB17

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Similar Bills

TX SB41

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX HB89

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB10

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB21

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB17

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

TX SB2616

Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.