BILL ANALYSIS

 

 

Senate Research Center

H.B. 1354

83R4776 SLB-F

By: Farney (Schwertner)

 

Intergovernmental Relations

 

5/14/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, certain land located outside the corporate limits of any other city and within the extraterritorial jurisdiction of the City of Leander is proposed to be developed into single-family residential homes, and water, sewer, drainage, and road services are needed for the development.

 

H.B. 1354 amends current law relating to the creation of the Leander Hills Municipal Utility District of Williamson County, grants a limited power of eminent domain, provides authority to issue bonds, and provides authority to impose assessments, fees, and taxes.

 

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 8417, as follows:

 

CHAPTER 8417.  LEANDER HILLS MUNICIPAL UTILITY DISTRICT OF

WILLIAMSON COUNTY

 

Sets forth standard language for the creation of the Leander Hills Municipal Utility District of Williamson County (district).  Sets forth standards, procedures, requirements, and criteria for:

 

Creation, purpose, and approval of the district (Sections 8417.001-8417.006);

 

Size, composition, election, and terms of the board of directors, including the appointment of temporary directors (Sections 8417.051-8417.052);

 

Powers and duties of the district (Sections 8417.101-8417.106); and

 

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 8417.151-8417.203).

 

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.  (a)  Provides that if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8417, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8417.107, as follows:

 

Sec. 8417.107.  NO EMINENT DOMAIN POWER.  Prohibits the district from exercising the power of eminent domain.

 

(b)  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 eminent domain only on a two-thirds vote of all members elected to each house), Article I, Texas Constitution.

 

SECTION 5.  Effective date: upon passage or September 1, 2013.