TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4734 by Creighton (Relating to the creation of the Montgomery County Municipal Utility Districts Nos. 128 and 129; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), As Introduced |
The Legislative Budget Board, in cooperation with the Texas Water Development Board (TPWD) and the Texas Commission on Environmental Quality (TCEQ) has determined that:
The bill amends Subtitle F, Title 6, Special District Local Laws Code by adding Chapter 8355 and 8356 to create Montgomery County Municipal Utility District Nos. 128 and 129 (Districts) with the powers and duties of municipal utility districts under Water Code Chapters 49 and 54. The purpose of the Districts includes providing works and projects under powers conferred by Article XVI, Section 59, Texas Constitution and Article III, Section 52, Texas Constitution, to benefit the property within the Districts.
The Districts are subject to confirmation election by the voters. The Districts are subject to consent of all municipalities in whose corporate limits or extraterritorial jurisdiction the district is located.
The bill names five temporary directors for each District. If permanent directors have not been elected, the majority owners of the assessed land value inside the District may submit a petition requesting the TCEQ appoint the five successor temporary directors as listed in the petition.
The Districts will have the authority for road projects. The Districts will have the power of eminent domain limited to within the Districts for road projects or recreational facilities. The Districts have the ability to impose contract tax. The Districts may be divided into two or more districts. The Districts may undertake water and sanitary sewer improvements inside or outside the District’s boundaries. The bill becomes effective September 1, 2009.
1) Population - The proposed districts are located in rural
2) Location - The proposed districts are located northwest of
3) Comments on Powers/Duties Different from Similar Types of Districts - The Districts will have the authority for road projects. The Districts will have the power of eminent domain, but it is limited to within the Districts for road projects or recreational facilities. The Districts have the ability to impose contract tax. District may be divided into two or more districts. The Districts may undertake water and sanitary sewer improvements inside or outside the District’s boundaries.
4) Overlapping Services - Some tracts within Montgomery County MUD No. 128’s listed boundaries do not form an acceptable closure. An area map containing at least two reference points (major road names, road intersections) and the proposed Districts’ geographic locations mapped within
The boundaries for Montgomery County MUD NO.129 form an acceptable closure. An area map containing at least two reference points (major road names, road intersections) and the proposed Districts’ geographic locations mapped within
5) TCEQ Supervision - As with general law districts, the TCEQ will have general supervisory authority, including bond review authority and review of financial reports.
6) Water Use - Within
Source Agencies: | 582 Commission on Environmental Quality, 580 Water Development Board
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LBB Staff: | JOB, KK
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