BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 4647

87R27352 SGM-F

By: Rodriguez (Zaffirini)

 

Local Government

 

5/21/2021

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

It has been suggested that undeveloped land located within Travis County would benefit from the creation of a municipal utility district. H.B. 4647 seeks to provide for the creation of such a district.

 

H.B. 4647 grants the district the power to undertake certain road projects and authorizes the district, subject to certain requirements, to issue obligations and impose property, operation and maintenance, and contract taxes. The bill expressly prohibits the district from exercising the power of eminent domain if the bill does not receive a two-thirds vote of all the members elected to each house.

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.H.B. 4647 amends current law relating to the creation of the Mustang Ridge Municipal Utility District, 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 7945A, as follows:

CHAPTER 7945A. MUSTANG RIDGE MUNICIPAL UTILITY DISTRICT

Sets forth standard language for the creation of the Mustang Ridge Municipal Utility District (district) in Mustang Ridge. Sets forth standards, procedures, requirements, and criteria for:

Creation and approval of the district (Sections 7945A.0101-7945A.0106);

Size, composition, election, and terms of the board of directors of the district (Sections 7945A.0201-7945A.0202);

Powers and duties of the district (Sections 7945A.0301-7945A.0305); and

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7945A.0401-7945A.0503).

SECTION 2. Sets forth the initial boundaries of the district.

SECTION 3. 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 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 7945A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7945A.0306, as follows:

Sec. 7945A.0306.  NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain.

(b)  Provides that Section 7945A.0306 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, 2021.