BILL ANALYSIS

H.B. 5318

By: Metcalf

Natural Resources

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that an area located within Montgomery County would benefit from the creation of an improvement district due to continuing growth and development. H.B. 5318 seeks to provide for the creation of such a district.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5318 amends the Special District Local Laws Code to create the Montgomery County Water Control and Improvement District No. 6 to provide certain improvements, projects, and services for public use and benefit. The bill provides for, among other provisions, municipal consent to the creation of the district and road project powers. The district's powers and duties include, subject to certain requirements of any municipal ordinance or resolution consenting to the creation of and inclusion of land in the district and voter approval at an election, the authority to issue obligations and impose property, operation and maintenance, and contract taxes. The bill limits the district's exercise of the power of eminent domain outside district boundaries to acquire a site or easement for a recreational facility or for an authorized road project but prohibits the district from exercising that power if the bill does not receive the necessary vote.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.