BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1596

                                                                                                                            By: Zerwas (Hegar)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/20/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

This bill creates Fort Bend County Municipal Utility District No. 204 (district).  Currently, the land located within the boundaries of the proposed district is undeveloped.  The territory of the district would lie within an unincorporated area in Fort Bend County.  The district would have all of the powers granted to municipal utility districts operating pursuant to Chapters 49 (Provisions Applicable to All Districts) and 54 (Municipal Utility Districts), Water Code, with road powers pursuant to Article III (Legislative Department), Section 52 (Counties, Cities or Other Political Corporations or Subdivisions; Lending Credit; Grants; Bonds), Texas Constitution.

 

H.B. 1596 relates to the creation of the district, provides authority to impose a tax and issue bonds, and grants a limited power of eminent domain.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 8331, as follows:

 

CHAPTER 8331.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 204

 

Sets forth standard language for the creation of the Fort Bend County Municipal Utility District No. 204 (district) in Fort Bend County.  Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 8331.001-8331.050);

 

Size, composition, election, and terms of the board of directors of the district (Sections 8331.051-8331.100);

 

Powers and duties of the district (Sections 8331.101-8331.150); and

 

General financial provisions and authority to impose a tax and issue bonds and obligations for the district (Sections 8331.151-8331.203).

 

Prohibits the exercise of the power of eminent domain outside of the district by the district to acquire a site or easement for a road project authorized by Section 8331.103 (Authority for Road Projects) or a recreational facility as defined by Section 49.462 (Definitions), Water Code.

 

SECTION 2.  Sets forth the initial boundaries of the district.

 

SECTION 3.  Provides that all requirements of the constitution and the laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

 

SECTION 4.  Effective date: upon passage or September 1, 2009.