BILL ANALYSIS

 

 

Senate Research Center

H.B. 4660

86R15819 SLB-F

By: Stephenson (Huffman)

 

Intergovernmental Relations

 

5/12/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 4660 creates Fort Bend County Municipal Utility District No. 239 (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 unincorporated Fort Bend County. The district will be a municipal utility district operating pursuant to Chapter 49 and 54, Water Code.

 

H.B. 4660 amends current law relating to the creation of the Fort Bend County Municipal Utility District No. 239; 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 8080, as follows:

 

CHAPTER 8080. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 239

 

Sets forth standard language for the creation of the Fort Bend County Municipal Utility District No. 239 (district) in Fort Bend County.

 

Sets forth standards, requirements, and criteria for:

 

Creation, approval, purpose, and initial territory of the district (Sections 8080.0101�8080.0106);

 

Size, composition, election, and terms of the board of directors of the district, including provisions related to initial temporary directors (Sections 8080.0201� 8080.0202);

 

Powers and duties of the district, including division of the district (Sections 8080.0301�8080.0306);

 

General financial provisions and authority to impose taxes and to issue bonds and obligations for the district (Sections 8080.0401�8080.0403); and

 

Authority to issue bonds and other obligations for the district (Sections 8080.0501� 8080.0503).

 

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 the members elected to each house, Subchapter C, Chapter 8080, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8080.0307, as follows:

 

Sec. 8080.0307. 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.