BILL ANALYSIS

 

 

Senate Research Center	H.B. 1440
85R5395 GRM-F	By: Bell (Creighton)
	Administration
	5/2/2017
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Relating to the creation of the Montgomery County Municipal Utility District No. 154; granting a limited power of eminent domain; providing authority to issue bonds; providing 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 7974, as follows:

 

CHAPTER 7974. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 154

 

Sets forth standard language for the creation of the Montgomery County Municipal Utility District No. 154 (district). Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 7974.001-7974.050);

 

Size, composition, election, and terms of the board of directors of the district, including temporary directors (Sections 7974.051-7974.100);

 

Powers and duties of the district (Sections 7974.101-7974.150); and

 

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7974.151-7974.203).

 

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 (Powers and Duties), Chapter 7974, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7974.107, as follows:

 

Sec. 7974.107. 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 the legislature to enact a certain law granting the power of eminent domain to an entity under certain circumstances on or after January 1, 2010), Article I (Bill of Rights), Texas Constitution.

 

SECTION 5. Effective date: upon passage or September 1, 2017.