Texas Senate Bill SB3035

Texas 2025 - 89th Regular

• Filed: 3/28/25

Caption

Relating to the creation of the Montgomery County Water Control and Improvement District No. 7; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

If enacted, this bill would create a significant framework for how water resources are managed and improved in Montgomery County. It specifically allows the district to provide essential services, including the disposal and control of waste and the management of local stormwater. Such improvements could lead to enhanced infrastructure, potentially reducing flooding and improving overall public safety and environmental standards in the area. However, the implementation of fees and taxes may face scrutiny and concern from local residents regarding their impact on property taxes and overall affordability.

Summary

SB3035 proposes the establishment of the Montgomery County Water Control and Improvement District No. 7, providing the district with specific powers to manage water resources and infrastructure within its boundaries. The bill outlines the authority of the district to issue bonds necessary for various improvements and to impose assessments, fees, and taxes to fund its operations. Essentially, this bill aims to address local water control, stormwater management, and infrastructure needs while enhancing public health and safety through environmental management.

Contention

One of the key points of contention within SB3035 involves the district's limited power of eminent domain. While the bill does allow for the power of eminent domain to a degree, it is confined to specific projects and territories, and there are provisions that could restrict its exercise depending on the context of development. This aspect has raised debates about the balance of public benefit versus property rights, as some residents may feel that their land could be subject to involuntary acquisition for projects they may not support. The necessity of gaining municipal consent before holding elections for permanent directors also adds a layer of complexity to how the district can operate effectively.

Texas Constitutional Statutes Affected

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: 462
  • Section: 107
  • Section: 108
  • Section: New Section

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

Local Government Code

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