BILL ANALYSIS

 

 

Senate Research Center

H.B. 5679

 

By: Geren (Hagenbuch)

 

Local Government

 

5/21/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The bill author has informed the committee of the need for a municipal utility district to be created in Parker County for the benefit of certain undeveloped land. H.B. 5679 seeks to provide for the creation of the Hills of Walnut Creek Municipal Utility District of Parker County. 

 

H.B. 5679 amends current law relating to the creation of the Hills of Walnut Creek Municipal Utility District of Parker 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 7897, as follows:

 

CHAPTER 7897. HILLS OF WALNUT CREEK MUNICIPAL UTILITY DISTRICT OF PARKER COUNTY

 

Sets forth standard language for the creation of the Hills of Walnut Creek Municipal Utility District of Parker County (district). Sets forth standards, procedures, requirements, and criteria for:

 

General provisions, creation, and approval of the district (Sections 7897.0101-7897.0106);

 

Size, composition, election, and terms of the board of directors of the district (Sections 7897.0201-7897.0202);

 

Powers and duties of the district (Sections 7897.0301-7897.0306); and

 

General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7897.0401-7897.0503).

 

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 (Powers and Duties), Chapter 7897, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7897.0307, as follows:

 

Sec. 7897.0307. 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 certain 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, 2025.