BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 4754

81R17834 PMO-F                                                                                   By: Kuempel (Wentworth)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/14/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, a tract of land within Guadalupe county does  not have a municipal utility district.

 

H.B. 4754 creates the Guadalupe County Municipal Utility District No. 3 (district) and provides for the administration, powers, duties, operation, and financing of the district.  The bill empowers the district to purchase, acquire, and construct infrastructure, including roads, to serve the future occupants of the district 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 8358, as follows:

 

CHAPTER 8358.  GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 3

 

Sets forth standard language for the creation of the Guadalupe County Municipal Utility District No. 3 (district) in Guadalupe County.  Sets forth standards, procedures, requirements, and criteria for:

 

General provisions of the district (Sections 8358.001-8358.050);

 

Board of directors of the district (Sections 8358.051-8358.100);

 

Powers and duties of the district (Sections 8358.101-8358.150); and

 

General financial provisions and authority to issue bonds and other obligations for the district (Sections 8358.151-8358.203).

 

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 8358.103 (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 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.