BILL ANALYSIS

S.B. 2217

By: Creighton

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been suggested that the governing statutes of the East Montgomery County Municipal Utility District No. 13 need to be amended to authorize the district to undertake certain road projects and to provide for the district's division in order for the district to better serve its area. S.B. 2217 amends those statutes to provide for this authority and division.

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

S.B. 2217 amends the Special District Local Laws Code to add as a purpose of the East Montgomery County Municipal Utility District No. 13 the accomplishment of specified Texas Constitution provisions that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads. The bill establishes that the district has the powers and duties necessary to accomplish the purposes for which the district is created and sets out provisions relating to the district's authority for road projects and road standards and requirements and sets out other standard municipal utility district provisions, including provisions relating to the following:

· elections regarding taxes or bonds;

· an operation and maintenance tax;

· contract taxes;

· district authority to issue bonds and other obligations;

· taxes for bonds payable from property taxes; and

· bonds for road projects.

S.B. 2217 provides for the district's division. The bill repeals a provision that requires the appropriate number of directors to be elected on the uniform election date in May of each even‑numbered year and provisions relating to the following:

· the organizational meeting of temporary directors;

· the confirmation and initial directors' election;

· the terms of the initial elected directors; and

· the permissive postponement of the first regularly scheduled election of directors.

S.B. 2217 establishes that the district retains all the rights, powers, privileges, authority, duties, and functions that it had before the bill's effective date. The bill provides for the validation and confirmation of certain district actions and proceedings taken before that date.

S.B. 2217 repeals the following provisions of the Special District Local Laws Code:

· Section 8117.022;

· Section 8117.023;

· Section 8117.024;

· Section 8117.025; and

· Section 8117.052.

EFFECTIVE DATE

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