BILL ANALYSIS

 

 

Senate Research Center	H.B. 4665
87R12891 SGM-F	By: Sanford (Springer)
	Local Government
	5/21/2021
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 4665 creates Raintree Municipal Utility District No. 1 of Collin County (district). The district will encompass approximately 160 acres of land located within Collin County, Texas. The district is not located within the extraterritorial jurisdiction or corporate limits of any municipality. H.B. 4665 is a standard template bill and provides for water, sewer, drainage, and road facilities (facilities), which need to be secured because the land to be located within the district will be developed for residential purposes. H.B. 4665 follows the template in all regards. The district is created under Water Code provisions applicable to all water districts and to municipal utility districts and under constitutional provisions relating to conservation and reclamation districts. The district will have standard road powers and must comply with all applicable road standards. The district will have the authority to issue tax-exempt bonds to purchase, acquire, or construct the facilities. It is also necessary to empower the district with authority to impose a tax and to grant the district a limited power of eminent domain. This bill provides for the creation, administration, powers, duties, operation, and financing of the district.

 

H.B. 4665 amends current law relating to the creation of the Raintree Municipal Utility District No. 1 of Collin County, 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 7937A, as follows:

 

CHAPTER 7937A. RAINTREE MUNICIPAL UTILITY DISTRICT NO. 1 OF

COLLIN COUNTY

 

Sets forth standard language for the creation of the Raintree Municipal Utility District No. 1 (district) in Collin County. Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 7937A.0101-7937A.0106);

 

Size, composition, election, and terms of the temporary board of directors of the district (Sections 7937A.0201-7937A.0202);

 

Powers and duties of the district (Sections 7937A.0301-7937A.0305); and

 

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7937A.0401-7937A.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 7937A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7937A.0306, as follows:

 

Sec. 7937A.0306. 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, 2021.