Texas House Bill HB5406

Texas 2023 - 88th Regular

• Filed: 4/21/23
• Out of House Committee: 5/1/23
• Voted on by House: 5/12/23

Caption

Relating to the creation of the Cross Timbers Regional Utility Authority; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees.

Impact

The legislation explicitly empowers the newly formed authority to issue revenue bonds for funding these projects and grants it the ability to impose assessments and fees necessary for its operation. Importantly, while the bill provides the authority with a limited power of eminent domain to support its functions, it does not allow for broad land seizure rights, indicating a careful balance between development needs and property rights. This framework aims to ensure sustainable management of local resources while meeting the demands arising from population growth.

Summary

House Bill 5406 proposes the establishment of the Cross Timbers Regional Utility Authority, which will serve Parker, Palo Pinto, and Stephens counties in Texas. This bill is introduced in response to rapid growth and development within these regions, which has necessitated a more structured approach to resource management, particularly regarding water supply and wastewater treatment. Through the creation of this authority, the bill facilitates enhanced coordination for delivering necessary improvements to water supply, distribution, wastewater processing, and flood control projects.

Sentiment

Overall, the sentiment surrounding HB 5406 appears to be largely positive. Supporters, including local officials and water management advocates, see the establishment of this authority as crucial for effective water resource management in light of regional challenges. Proponents argue that it will enhance service delivery and infrastructure planning, ultimately benefiting local communities. However, some skeptics may raise concerns regarding the implications of granting eminent domain powers, prompting discussions about potential overreach and the protection of individual property rights.

Contention

Notable points of contention may revolve around the authority's capacity to impose assessments and fees, as well as the limited eminent domain provisions. Critics may worry that these measures could lead to financial strain on local residents or lead to conflicts with existing local governance structures. As the bill aims to centralize certain aspects of water management under the newly created authority, its passage could reshape how local municipalities interact with state-level oversight and resource allocation efforts.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 7966. Montgomery County Municipal Utility District No. 130
  • Section: New Section

Water Code

• Chapter 30. Regional Waste Disposal
  • Section: New Section

• Chapter 49. Provisions Applicable To All Districts
  • Section: New Section
  • Section: New Section
  • Section: New Section

• Chapter 54. Municipal Utility Districts
  • Section: New Section
  • Section: New Section
  • Section: New Section