BILL ANALYSIS

Senate Research Center	H.B. 1934
86R9353 SLB-F	By: Zerwas (Kolkhorst)
	Intergovernmental Relations
	4/27/2019
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Continuing development and growth in Fort Bend County has created the need for permanent improvements such as water supply and distribution facilities, wastewater collection and treatment facilities, drainage and flood control projects and road facilities. Article XVI, Section 59, and Article III, Section 52, of the Texas Constitution provide for the creation of local governmental districts which are authorized to incur indebtedness to provide such permanent improvements and to levy taxes for the maintenance and operation of such improvements and for the repayment of such indebtedness.

Pursuant to Article XVI, Section 59, and Article III, Section 52, Texas Constitution, and subject to the continuing supervisory jurisdiction of the Texas Commission on Environmental Quality, the bill creates a municipal utility district, with road powers, to be known as the Fort Bend County Municipal Utility District No. 229, over a tract of land containing approximately 438 acres of land located within the extraterritorial jurisdiction of the City of Houston in Fort Bend County, Texas.

H.B. 1934 amends current law relating to the creation of the Fort Bend County Municipal Utility District No. 229, 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 8062, as follows:

CHAPTER 8062. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 229

Sets forth standard language for the creation of the Fort Bend County Municipal Utility District No. 229 (district) in Fort Bend County. Sets forth standards, procedures, requirements, and criteria for:

Creation and approval of the district (Sections 8062.0101�8062.0106);

Size, composition, election, and terms of the board of directors of the district (Sections 8062.0202�8062.0202);

Powers and duties of the district (Sections 8062.0301�8062.0305); and

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 8062.0401�8062.0503).

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 if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8062, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8062.0306 to read as follows:

Sec. 8062.0306. 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), Article I, Texas Constitution.

SECTION 5. Effective date: upon passage or September 1, 2019.