BILL ANALYSIS

 

 

Senate Research Center	S.B. 2527
	By: Nichols
	Intergovernmental Relations
	5/29/2019
	Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 2527 proposes to convert the existing Liberty Public Utility District to the Liberty County Municipal Utility District No. 7. The Liberty Public Utility District was created by special law at the Texas Legislature in 1971. Development has never occurred within the Liberty Public Utility District. The Liberty Public Utility District is located in the extraterritorial jurisdiction of the City of Houston in Liberty County.

 

The Liberty Municipal Utility District No. 7 will finance and construct the infrastructure (water, sewer, drainage, and roads) necessary to promote the development of the area within the district, pursuant to Chapters 49 and 54, Water Code.

 

The owners of all of the land in the Liberty Public Utility District support the creation of the Liberty County Municipal Utility District No. 7.

 

There is no known opposition to this legislation. (Original Author's/Sponsor's Statement of Intent)

 

S.B. 2527 amends current law relating to the conversion of the Liberty Public Utility District to the Liberty County Municipal Utility District No. 7, provides authority to issue bonds, and provides authority to impose assessments, fees, or 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. Provides that the Liberty Public Utility District is converted to the Liberty County Municipal Utility District No. 7 (district) and is governed by Chapter 8081, Special District Local Laws Code, as added by this Act.

 

SECTION 2. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 8081, as follows:

 

CHAPTER 8081. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 7

 

Sets forth standard language for the creation of the district. Sets forth standards, requirements, and criteria for:

 

Creation, approval, purpose, and territory of the district (Sections 8081.0101� 8081.0104);

 

Size, composition, election, and terms of the board of directors of the district, including provisions related to initial temporary directors (Sections 8081.0201� 8081.0202);

 

Powers and duties of the district (Sections 8081.0301� 8081.0306);

 

General financial provisions and authority to impose a tax (Sections 8081.0401� 8081.0403); and

 

Authority to issue bonds and other obligations for the district (Sections 8081.0501� 8081.0503).

 

SECTION 3. Repealer: Chapter 623 (Liberty Public Utility District), Acts of the 62nd Legislature, Regular Session, 1971.

 

SECTION 4. Provides that the district retains all rights, powers, privileges, authority, duties, and functions that the Liberty Public Utility District had before the effective date of this Act, except as otherwise expressly provided by Chapter 8081, Special District Local Laws Code, as added by this Act.

 

SECTION 5. (a) Provides that the legislature validates and confirms all governmental acts and proceedings of the Liberty Public Utility 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 is involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment or has been held invalid by a final court judgment.

 

SECTION 6. 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 7. (a) Provides that, if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8081, Special District Local Laws Code, as added by Section 2 of this Act, is amended by adding Section 8081.0307, as follows:

 

Sec. 8081.0307. 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 8. Effective date: upon passage or September 1, 2019.