BILL ANALYSIS
By: Gattis
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Current law allows a municipal utility district (district) to exercise the broad power of eminent domain to condemn private property outside of its boundaries. It is sometimes necessary for a district to use this power in order to obtain easements for water and wastewater utility lines and for flood or drainage control purposes. However, some districts abuse this power by initiating condemnation proceedings concerning property located outside of their district for purposes of constructing water/wastewater treatment facilities. Further, a district may exercise the power of eminent domain without considering whether an adequate site for a treatment plant already exists within its own boundaries. Finally, under existing law a district could plat the entire area within the district's boundaries for residential or recreational use, while going outside its boundaries to condemn property for water or wastewater facilities.
C.S.H.B. 1208 will limit the circumstances under which a district may exercise its authority to exercise the power of eminent domain outside the district's boundaries.
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
C.S.H.B. 1208 prohibits a municipal utility district from exercising the power of eminent domain outside of its boundaries to acquire a site for:
C.S.H.B. 1208 does not apply to an eminent domain action initiated before the bill's effective date.
EFFECTIVE DATE
C.S.H.B. 1208 takes effect immediately if it receives a 2/3rds vote in both chambers; otherwise it takes effect Sept. 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute modified the original by specifying the facilities or sites for which a municipal utility district may not exercise the power of eminent domain.