Texas Senate Bill SB3036

Texas 2025 - 89th Regular

• Filed: 3/28/25

Caption

Relating to the creation of the Montgomery County Municipal Utility District No. 258; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Impact

This legislation provides the newly formed district significant authority, including the ability to issue bonds funded by property taxes or other revenues. It explicitly allows for road projects, thereby facilitating improvements in local infrastructure, which is critical given the expansion of Montgomery County. However, the bill contains a specific provision that prohibits the district from exercising the power of eminent domain without a two-thirds legislative vote, likely a contention point among legislators concerned about property rights and local governance.

Summary

SB3036 proposes the establishment of the Montgomery County Municipal Utility District No. 258, granting it specific powers to issue bonds and impose necessary assessments, fees, and taxes. The bill outlines the mechanisms for creating the district, including the requirement for consent from local municipalities, and details the responsibilities of its board of directors, which is to be elected by the residents of the district. Notably, the district is designated to serve public purposes connected to infrastructure development, including road construction and drainage improvements under Texas law.

Contention

Debate around SB3036 may center on the balance of local control versus the need for streamlined utility management and infrastructure development. Proponents argue that the establishment of MUD 258 offers a structured approach to handle essential services more effectively, thereby benefiting residents through enhanced infrastructure. Critics may focus on the restrictions placed on the use of eminent domain, as well as concerns about potential over-reach of governmental powers in development projects, which can trigger disputes regarding land ownership and use.

Texas Constitutional Statutes Affected

Special District Local Laws Code

• Chapter 8003. Montgomery County Municipal Utility District No. 159
  • Section: New Section

Water Code

• Chapter 49. Provisions Applicable To All Districts
  • Section: New Section
  • Section: 102
  • Section: 316

• Chapter 54. Municipal Utility Districts
  • Section: New Section
  • Section: 016
  • Section: 0165