BILL ANALYSIS

Senate Research Center	H.B. 5367
88R4168 MP-F	By: Buckley (Schwertner)
	Local Government
	5/15/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

It has been suggested that undeveloped land located within Williamson and Bell Counties would benefit from the creation of a municipal utility district. H.B. 5367 seeks to provide for the creation of such a district

H.B. 5367 amends the Special District Local Laws Code to create the Solana Ranch Municipal Utility District No. 1, subject to municipal consent and voter approval at a confirmation election. The bill grants the district the power to undertake certain road projects and provides for the division of the district into two or more new districts. The bill 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.

H.B. 5367 amends current law relating to the creation of the Solana Ranch Municipal Utility District No. 1, 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 7923, as follows:

CHAPTER 7923. SOLANA RANCH MUNICIPAL UTILITY DISTRICT NO. 1

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

Creation, purpose, approval of the district. (Sections 7923.0101-7923.0106);

Size, composition, appointment, compensation, and terms of the board of directors of the district, including the naming of the initial directors (Sections 7923.0201-7923.0202);

Powers and duties of the district (Sections 7923.0301-7923.0306); and

General financial provisions and authority to impose a task and issue bonds and obligations for the district (Sections 7923.0401-7923.0503).

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 notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. (a) Amends Subchapter C, Chapter 7923, Special District Local Laws Code, as added by Section 1 of this Act, if this Act does not receive a two-thirds vote of all the members elected to each house, by adding Section 7923.0307, as follows:

Sec. 7923.0307. 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, on or after January 10, 2020, 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.