BILL ANALYSIS

Senate Research Center	C.S.S.B. 2251
89R11235 SCF-F	By: Creighton
	Local Government
	5/6/2025
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 2251 amends the Special District Local Laws Code to create the Montgomery County Municipal Utility District No. 229, 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. 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. 

(Original Author's/Sponsor's Statement of Intent)

C.S.S.B. 2251 amends current law relating to the creation of the Montgomery County Municipal Utility District No. 259, 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 8012A, as follows:

CHAPTER 8012A. MONTGOMERY COUNTY MUNICIPAL DISTRICT NO. 259

Sets forth standard language for the creation of the Montgomery County Municipal District No. 259 (district) in Montgomery County. Sets forth standards, procedures, requirements, and criteria for:

Creation and approval of the district (Sections 8012A.0102-8012A.0106);

Size, composition, election, and terms of the board of directors of the district (Sections 8012A.0201-8012A.0202);

Powers and duties of the district (Sections 8012A.0301-8012A.0306); and

General financial provisions and authority to impose taxes and to issue bonds and obligations for the district (Sections 8012A.0401-8012A.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, Chapter 8012A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8012A.0307, as follows:

Sec. 8012.0307. 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), Article I, Texas Constitution.

SECTION 5. Effective date: September 1, 2025.