BILL ANALYSIS
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Senate Research Center |
H.B. 5329 |
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88R12164 LRM-F |
By: Gates (Kolkhorst) |
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Local Government |
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5/5/2023 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Continuing
development and growth in Fort Bend County has created the need for permanent
improvements such as water supply and distribution facilities, wastewater
collection and treatment facilities, drainage and flood control projects, and
road facilities. Pursuant to Article XVI, Section 59, and Article III, Section
52, of the Texas Constitution, and subject to the continuing supervisory
jurisdiction of the Texas Commission on Environmental Quality, the bill seeks
to create a municipal utility district to be known as Fort Bend County Municipal
Utility District No. 262 over an approximate 796.5 acre tract of land located
within the extraterritorial jurisdiction of the City of Rosenberg in Fort Bend
County, Texas. �����
Article XVI, Section 59, and Article III, Section 52, of the Texas Constitution
provide for the creation of local governmental districts which are authorized
to incur indebtedness to provide such permanent improvements and to levy taxes
for the maintenance and operation of such improvements and for the repayment of
such indebtedness. This legislation grants the district the power to
undertake water, sanitary sewer, drainage, recreational, and road projects and
provides for division of the district. The legislation authorizes the district,
subject to certain requirements, to issue bonds and other obligations and
impose property taxes.
H.B. 5329 amends current law relating to the creation of the Fort Bend County Municipal Utility District No. 262, 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
CHAPTER 7973A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 262
Creation, purpose, and approval of the district (Sections 7973A.0101-7973A.0106);
Size, composition, appointment, eligibility, compensation and terms of the board of directors of the district (Sections 7973A.0201-7973A.0202);
Powers and duties of the district (Sections 7973A.0301-7973A.0305);
Procedures for the division of the district (Section 7973A.0306); and
General financial provisions, authority to impose a tax, and authority to issue bonds and other obligations for the district (Sections Section 7973A.0401-7973A.0503).
SECTION 2. Sets forth the initial boundaries of the district.
SECTION 3. 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 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 7973A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7973A.0307 to read as follows:
Sec. 7973A.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) (relating to authorizing the legislature to enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house), Article I (Bill of Rights), Texas Constitution.
SECTION 5. Effective date: upon passage or September 1, 2023.
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