BILL ANALYSIS

 

 

Senate Research Center	H.B. 4659
86R16346 GRM-F	By: Oliverson (Kolkhorst)
	Intergovernmental Relations
	5/10/2019
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Harris County Municipal Utility District No. 436 (district) was created in 2006 by the Texas Commission on Environmental Quality. H.B. 4659 proposes to grant the district division powers and the power to undertake certain road projects.

 

Division powers allow a district to divide after it has been created. Division powers provide for flexibility in land planning over large tracts, allowing district boundaries to be established by the final land plan, rather than an arbitrary line at creation. Finally, division powers allow for an advantageous tax structure for residents. Residents benefit by seeing their tax rates drop sooner in a smaller district.

 

Road infrastructure is necessary to promote the development of the area within the district.

 

The bill authorizes the district, subject to certain requirements, to issue bonds and other obligations and impose property taxes.

 

There is no known opposition to this legislation.

 

H.B. 4659 amends current law relating to the board of directors and powers and duties of the Harris County Municipal Utility District No. 436; provides authority to issue bonds; and provides authority to impose 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 8088, as follows:

 

CHAPTER 8088.� HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 436

 

Sets forth standard language for the creation of the Harris County Municipal Utility District No. 436 (district) in Harris County. Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 8088.0101�8808.0102);

 

Powers and duties of the district, including provisions relating to division of the district (Sections 8088.0201�8088.0205); and

 

Authority to impose a tax and to issue bonds and obligations for the district (Sections 8088.0301�8088.0302).

 

SECTION 2. Provides that district retains all the rights, powers, privileges, authority, duties, and functions that it had before the effective date of this Act.

 

SECTION 3. (a) Provides that the legislature validates and confirms all governmental acts and proceedings of the district that were taken before the effective date of this Act.

 

(b) Provides that this section does not apply to any matter that on the effective date of this Act:

 

(1) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or

 

(2) has been held invalid by a final court judgment.

 

SECTION 4. 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 5. Effective date: upon passage or September 1, 2019.