BILL ANALYSIS

 

 

Senate Research Center

H.B. 3019

86R10051 AAF-F

By: Miller (Kolkhorst)

 

Intergovernmental Relations

 

5/16/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 3019 amends the Special District Local Laws Code to create Fort Bend County Municipal Utility District No. 234 (district). H.B. 3019 grants the district limited power of eminent domain; provides authority to issue bonds; and provides authority to impose assessments, fees, and taxes to serve property within the district.

 

The district will encompass approximately 312.47 acres located within the city limits of the City of Sugar Land in Fort Bend County.

 

H.B. 3019 conforms to the agreed template for the creation of municipal utility districts adopted by the Texas Legislature.

 

H.B. 3019 amends current law relating to the creation of the Fort Bend County Municipal Utility District No. 234; 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 8055, as follows:

 

CHAPTER 8055. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 234

 

Sets forth standard language for the creation of the Fort Bend County Municipal Utility District No. 234 (district) in Fort Bend County.

 

Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 8055.0101�8055.0106);

 

Size, composition, election, and terms of the board of directors of the district, including provisions related to initial temporary directors (Sections 8055.0201�8055.0202);

 

Powers and duties of the district (Sections 8055.0301�8055.0305);

 

General financial provisions and authority to impose a tax (Section 8055.0401� 8055.0403); and

 

Authority to issue bonds and obligations for the district (Sections 8055.0501� 8055.0503).

 

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 8055, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8055.0306, as follows:

 

Sec. 8055.0306. 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: September 1, 2019.