BILL ANALYSIS

 

 

Senate Research Center                                                                                              C.S.H.B. 4817

                                                                                                                             By: Gattis (Ogden)

                                                                                                               Intergovernmental Relations

                                                                                                                                            5/21/2009

                                                                                                        Committee Report (Substituted)

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, the 600 acres located within the boundaries of the proposed Goodwater Municipal Utility District No. 1 (district) are undeveloped.  The territory of the district is located outside the corporate limits of any city and within the extraterritorial jurisdiction of the City of Georgetown, Williamson County, Texas.  The district will 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 broad powers pursuant to Section 52 (Counties, Cities, or Other Political Corporations or Subdivisions; Lending Credit; Grants; Bonds), Article III (Legislative Department), Texas Constitution.  The district will have the ability to promote, develop, and maintain economic development in the district, the powers associated with a library district, and the ability to create and impose a sales and use tax.

 

C.S.H.B. 4817 relates to the creation of the district, provides authority to impose taxes 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 X, Title 6, Special District Local Laws Code, by adding Chapter 11004, as follows:

 

CHAPTER 11004.  GOODWATER MUNICIPAL UTILITY DISTRICT NO. 1

 

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

 

Creation and approval of the district (Sections 11004.001-11004.050);

 

Size, composition, election, and terms of the board of directors of the district (Sections 11004.051-11004.100);

 

Powers and duties of the district (Sections 11004.101-11004.150); and

 

General financial provisions and authority to impose taxes and to issue bonds or obligations for the district (Sections 11004.151-11004.203).

 

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 11004.103 (Authority for Road Projects) and 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.