BILL ANALYSIS

Senate Research Center	H.B. 4505
86R20777 GRM-F	By: Metcalf (Nichols)
	Intergovernmental Relations
	5/12/2019
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

H.B. 4505 creates the Montgomery County Municipal Utility District No. 178 (district) as a political subdivision of the State of Texas. The district will construct and finance water, sewer, drainage, road, and recreational facilities to serve property within the district, which is located in the extraterritorial jurisdiction of the City of Conroe in Montgomery County. The district will be a municipal utility district operating pursuant to Chapters 49 and 54, Water Code.

A special district is needed to finance and construct the infrastructure (water, sewer, drainage, roads, and recreational facilities) necessary to promote the development of the area within the district.

Special districts are created for specific areas. No special district currently serves the area proposed to be included in the district.

The owners of all of the land in the district support the creation of the district.

There is no known opposition to this legislation.

H.B. 4505 amends current law relating to the creation of the Montgomery County Municipal Utility District No. 178; 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 8086, as follows:

CHAPTER 8086. MONTGOMERY COUNTY MUNICIPAL

UTILITY DISTRICT NO. 178

Sets forth standard language for the creation of the Montgomery County Municipal Utility District No. 178 (district) in Montgomery County. Sets forth standards, requirements, and criteria for:

Creation, approval, purpose, and territory of the district (Sections 8086.0101�8086.0106);

Size, composition, election, compensation, and terms of the board of directors of the district, including the naming of and provisions relating to initial temporary directors (Sections 8086.0201�8086.0202);

Powers and duties of the district (Sections 8086.0301�8086.0306);

General financial provisions (Sections 8086.0401�8086.0403); and

Authority to issue bonds and other obligations for the district (Sections 8086.0501�8086.0503).

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 members elected to each house, Subchapter C, Chapter 8086, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8086.0307, as follows:

Sec. 8086.0307. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain.

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