AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 629 provides for additional powers of the Ranch at Clear Fork Creek Municipal Utility District No. 1 (district), including the addition of road powers, providing for division of the district, and placing limitations on eminent domain powers. The district, with these additional powers, would generally have the powers and authority provided by Chapters 49 (Provisions Applicable to All Districts) and 54 (Municipal Utility Districts), Water Code.
S.B. 629 also adds an additional 1136.29 acres currently located partially in the city limits or extraterritorial jurisdiction of the City of Uhland and located within Caldwell County.
As proposed, S.B. 629 amends current law relating to the Ranch at Clear Fork Creek Municipal Utility District No. 1, provides authority to impose a tax and issue bonds, and grants a limited power of eminent domain.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 8343, as follows:
CHAPTER 8343. RANCH AT CLEAR FORK CREEK MUNICIPAL UTILITY
DISTRICT NO. 1
Sets forth standard language for the creation of the Ranch at Clear Fork Creek Municipal Utility District No. 1 (district) in Caldwell County. Sets forth standards, procedures, requirements, and criteria for:
Creation and approval of the district (Sections 8343.001-8343.050);
Size, composition, election, and terms of the board of directors of the district (Sections 8343.051-8343.100);
Powers and duties of the district (Sections 8343.101-8343.150);
Division of the district into multiple districts (Sections 8343.151-8343.200); and
General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 8343.201-8343.251).
Prohibits the district from exercising the power of eminent domain outside the district to acquire a site or easement for a road project under Section 8343.102 (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. (a) Provides that Section 8343.104, Special District Local Laws Code, as added by Section 1 of this Act, takes effect only if this Act receives a two-thirds vote of all the members elected to each house.
(b) Provides that if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8343, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8343.104 to read as follows:
Sec. 8343.104. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain.
(c) Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c) (relating to authorizing the legislature to enact a law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house), Article I (Bill of Rights), Texas Constitution.
SECTION 5. Effective date, except as provided by Section 4 of this Act: upon passage or September 1, 2011.