BILL ANALYSIS

H.B. 5682

By: Richardson

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that an area located within Collin County would benefit from the creation of a management district. H.B. 5682 seeks to provide for the creation of such a district.

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. 5682 amends the Special District Local Laws Code to create the Colmena Ranch Municipal Management District No. 1 to provide certain improvements, projects, and services for public use and benefit. The bill provides for, among other provisions, law enforcement services, disbursements and transfers of money, adding or excluding land, the division of the district, the non-exemption of certain residential property, and the dissolution of the district. The district's powers and duties include, subject to certain requirements, including a requirement for a petition for financing services and improvements with assessments, and to a condition precedent to issuing obligations, the authority to impose assessments and liens for assessments and to borrow money and to issue bonds and other obligations, including bonds secured by revenue or contract payments. The bill prohibits the district from imposing property taxes. The bill does the following:

· if the bill receives a two-thirds vote of all the members elected to each house, authorizes the district to exercise the power of eminent domain in the manner provided under statutory provisions applicable to water districts generally; and

· expressly prohibits the district from exercising that power if the bill does not receive the necessary vote.

H.B. 5682 establishes that all applicable requirements relating to the following have been fulfilled and accomplished with respect to the bill:

· the legal notice of intention to introduce;

· governor action;

· Texas Commission on Environmental Quality recommendations; and

· the state constitution and laws and legislative rules and procedures.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.