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BILL ANALYSIS

 

 

 

C.S.H.B. 4145

By: Metcalf

Special Purpose Districts

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties recognize a need for the construction and financing of water, sewer, drainage, road, and recreational facilities to serve property located within the extraterritorial jurisdiction of the City of Conroe in Montgomery County. C.S.H.B. 4145 seeks to address this need. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 4145 amends the Special District Local Laws Code to create the Montgomery County Municipal Utility District No. 151, subject to voter approval at a confirmation election and municipal consent. The bill grants the district the power to undertake certain road projects and to conduct certain navigation improvements, subject to the applicable rules, regulations, and approval of the San Jacinto River Authority. The bill authorizes the district, subject to certain requirements, to issue obligations and impose property, operation and maintenance, and contract taxes. The bill, if it does not receive a two-thirds vote of all the members elected to each house, prohibits the district from exercising the power of eminent domain.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 4145 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7918 to read as follows:

CHAPTER 7918.  MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 151

 

SUBCHAPTER A.  GENERAL PROVISIONS

 

SECTION 1.  Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 7918 to read as follows:

CHAPTER 7918.  MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 151

 

SUBCHAPTER A.  GENERAL PROVISIONS

 

SUBCHAPTER B.  BOARD OF DIRECTORS

 

SUBCHAPTER B.  BOARD OF DIRECTORS

 

SUBCHAPTER C.  POWERS AND DUTIES

 

Sec. 7918.101.  GENERAL POWERS AND DUTIES. 

 

Sec. 7918.102.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. 

 

Sec. 7918.103.  AUTHORITY FOR ROAD PROJECTS. 

 

Sec. 7918.104.  ROAD STANDARDS AND REQUIREMENTS.

 

No equivalent provision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sec. 7918.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. 

SUBCHAPTER C.  POWERS AND DUTIES

 

Sec. 7918.101.  GENERAL POWERS AND DUTIES. 

 

Sec. 7918.102.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. 

 

Sec. 7918.103.  AUTHORITY FOR ROAD PROJECTS. 

 

Sec. 7918.104.  ROAD STANDARDS AND REQUIREMENTS. 

 

Sec. 7918.105.  CERTAIN NAVIGATION IMPROVEMENTS.  (a)  The district is created for the following purposes and has the power to purchase, construct, acquire, own, operate, maintain, improve, or extend, inside or outside the district, a canal or other waterway, bulkhead, dock, or improvement in aid of such canals, waterways, bulkheads, or docks.

(b)  Notwithstanding any other law, the powers provided by Subsection (a) are subject to the applicable rules, regulations, and approval of the San Jacinto River Authority.

(c)  In the event the district adopts a rule or regulation relating to boating or navigation, the rule or regulation must be consistent with the applicable rules or regulations of the San Jacinto River Authority.

Sec. 7918.106.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. 

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

 

SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS

SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS

 

SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS

 

SECTION 2.  Establishes boundaries for the Montgomery County Municipal Utility District No. 151.

SECTION 2. Same as introduced version.

 

 

SECTION 3. Provisions relating to  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.

 

SECTION 3. Same as introduced version.

 

 

SECTION 4.  (a)  If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7918, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7918.106 to read as follows:

Sec. 7918.106.  NO EMINENT DOMAIN POWER.  The district may not exercise the power of eminent domain.

(b)  This section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c), Article I, Texas Constitution.

 

SECTION 4.  Substantially the same as introduced version.

 

 

SECTION 5.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.

 

SECTION 5. Same as introduced version.