Supplement: TX SB2609 | 2023-2024 | 88th Legislature | Analysis (Introduced)
Bill Title: Relating to the creation of the Fannin Farms Municipal Utility District of Fannin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Status: 2023-05-30 - Recommendations filed with the Senate [SB2609 Detail]
Download: Texas-2023-SB2609-Analysis_Introduced_.html
BILL ANALYSIS
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Senate Research Center |
S.B. 2609 |
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88R19632 LRM-F |
By: Hughes |
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Local Government |
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4/29/2023 |
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As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
As proposed, S.B. 2609 amends current law relating to the creation of the Fannin Farms Municipal Utility District of Fannin 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 8002A, as follows:
CHAPTER 8002A. FANNIN FARMS MUNICIPAL UTILITY DISTRICT OF FANNIN COUNTY
Sets forth standard language for the creation of the Fannin Farms Municipal Utility District of Fannin County (district). Sets forth standards, procedures, requirements, and criteria for:
Creation and approval of the district (Sections 8002A.0101-8002A.0106);
Size, selection, and terms of the board of directors (Sections 8002A.0201-8002A.0202);
Powers and duties of the district (Sections 8002A.0301-8002A.0306); and
General financial provisions and authority to impose a tax, accept grants, gifts, and donations, and to issue bonds and other obligations (Sections 8002A.0401-8002A.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 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 8002A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8002A.0307, as follows:
Sec. 8002A.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 the 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 to an entity), Article I (Bill of Rights), Texas Constitution.
SECTION 5. Effective date: upon passage or September 1, 2023.
