BILL ANALYSIS

H.B. 5676

By: Wilson

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, the Williamson County Municipal Utility District No. 40 does not have eminent domain power. The bill author has informed the committee that the district was created in the 87th Regular Session in 2021, that the bill creating the district was slightly amended in the senate, like most municipal utility district (MUD) bills were that session, and that on concurrence on these MUD bills, a sufficient number of members voted no for various reasons, none of which had to do with the merits of MUD creation. The bill author has also informed the committee that, while the bills all passed, the unintended consequence of the "no" votes was that the MUDs did not receive the vote threshold necessary for eminent domain power. H.B. 5676 seeks to address this issue by repealing the prohibition against the Williamson County Municipal Utility District No. 40 exercising the power of eminent domain in order to grant the district the same limited eminent domain authority that generally all MUDs have.

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

H.B. 5676 repeals Section 8141.0307, Special District Local Laws Code, which prohibits the Williamson County Municipal Utility District No. 40 from exercising the power of eminent domain.

EFFECTIVE DATE

On passage, if the bill receives a vote of two-thirds of all the members elected to each house. Otherwise, the bill does not take effect.