BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 4737

81R22911 PMO-D                                                                                               By: Phillips (Estes)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/20/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Lake Texoma Municipal Utility District No. 1 (district) will encompass an area of land currently located within the extraterritorial jurisdiction of the City of Denison, Grayson County, Texas. The land to be located within the district will be developed into single-family residential and commercial developments. Therefore, water, sewer, drainage, and road services need to be secured. It is necessary to create the district under provisions applicable to all districts, under provisions applicable to a municipal utility district, and under provisions applicable to conservation and reclamation districts in order to purchase, acquire, or construct facilities for such services needed by the future occupants of the land using tax exempt bonds. It is also necessary to empower the district with authority to impose a tax and issue bonds, as well as grant the district the power of eminent domain. H.B. 4737 provides provisions regarding the creation, administration, powers, duties, operation, and financing of the district.

 

H.B. 4737 creates the Lake Texoma Municipal Utility District No.1, provides authority to impose a tax or assessment 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 8359, as follows:

 

CHAPTER 8359.  LAKE TEXOMA MUNICIPAL UTILITY DISTRICT NO. 1

 

Sets forth standard language for the creation of the Lake Texoma Municipal Utility District No. 1 (district).  Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 8359.001-8359.050);

 

Size, composition, election, and terms of the board of directors of the district (Sections 8359.051-8359.100);

 

Powers and duties of the district (Sections 8359.101-8359.150); and

 

General financial provisions and authority to impose a tax and to issue bonds an obligations for the district (Sections 8359.151-8359.203);

 

Prohibits the district from exercising the power of eminent domain outside the district to acquire a site or easement for a road project authorized by Section 8359.103 (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: September 1, 2009.