BILL ANALYSIS

 

 

 

C.S.H.B. 4584

By: Ellzey

Urban Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

It has been suggested that an area located within the extraterritorial jurisdiction of the City of Waxahachie would benefit from the creation of a management district. C.S.H.B. 4584 seeks to provide for the creation of such a district.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 4584 amends the Special District Local Laws Code to create the Sterrett Road Municipal Management District to provide certain improvements, projects, and services for public use and benefit. The bill provides for, among other provisions, the addition and exclusion of land by the district and the district's division and dissolution. The district's powers and duties include, subject to certain requirements, the authority to issue obligations and impose assessments and property and operation and maintenance taxes. If the bill receives a two-thirds vote of all the members elected to each house, the district is authorized to exercise the power of eminent domain in a specified manner, but is prohibited from exercising the power of eminent domain outside the district to acquire a site or easement for a road project or certain recreational facilities. If the bill does not receive such a vote, the district is prohibited from exercising the power of eminent domain.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 4584 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute includes a prohibition absent from the original against the district from exercising the power of eminent domain outside the district to acquire a site or easement for a road project or certain recreational facilities.