Texas 2025 - 89th Regular

Texas House Bill HB 5555

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to municipal utility districts; limiting the rate of a tax.

Summary

HB 5555 would revise several rules governing municipal utility districts (MUDs) in Texas, especially for newly proposed districts and districts in or near municipal areas and groundwater conservation districts. It requires advance certified-mail notice to county commissioners courts and nearby groundwater conservation districts before a petition to create certain districts is filed, and it expands the information that must be included in the petition itself. It also requires the commission to consider written input from a groundwater conservation district when deciding whether to approve creation of a proposed district. The bill also changes governance rules for MUD boards. It bars a person from serving on a property owners’ association board if the person serves as a MUD director, requires at least three directors to be qualified voters who reside in the district, limits director terms to four years, and adds meeting and notice requirements, including posting a physical copy of the budget and holding certain meetings in person. For tax administration, it treats covered districts as developed districts for tax-hearing and automatic-election purposes, requires notice to reference the interest and sinking fund rate, and caps that rate at 50 cents per $100 of assessed value. It also sets a combined district ad valorem tax cap of $1.25 per $100 of assessed valuation. In practical terms, the bill would affect the creation, oversight, and taxation of municipal utility districts under Chapter 54 of the Water Code, as well as related provisions in the Property Code governing property owners’ associations. It would impose new procedural obligations on petitioners, district boards, counties, and groundwater conservation districts, while also limiting the tax burden that certain districts may impose on property owners. The bill applies prospectively to petitions filed and board positions filled on or after its effective date of September 1, 2025. No committee transcript or recorded vote information was provided, and the bill was left pending in committee. Based on the bill text and status, the general sentiment appears to be policy-focused and regulatory rather than overtly partisan, with the measure aimed at increasing notice, local input, and tax restraint in MUD formation and operation. Because there were no recorded discussions, there is no documented floor or committee debate to identify supporters or opponents. The main points of potential contention are the new limits on MUD tax rates, the added oversight role for counties and groundwater conservation districts, and the restrictions on who may serve on both a property owners’ association board and a MUD board. These provisions could be viewed by district developers and some local stakeholders as increasing administrative burden or constraining district flexibility, while residents, counties, and water-resource interests may view them as improving transparency, accountability, and taxpayer protection.

Impact

HB 5555 would amend Chapter 54 of the Water Code and related Property Code provisions to add notice, petition, governance, meeting, and tax-rate restrictions for certain municipal utility districts, especially those proposed outside municipal limits, in extraterritorial jurisdiction, or near groundwater conservation districts. It would also create a new limitation on combined district ad valorem tax rates and cap the interest and sinking fund rate, thereby directly affecting how MUDs finance debt and levy taxes on property owners. The bill would additionally disqualify certain dual officeholders from serving on both a property owners’ association board and a MUD board, changing eligibility rules for district governance.

Sentiment

The available record suggests a cautious or neutral policy posture rather than clear support or opposition, because there were no committee transcripts or votes and the bill was left pending in committee. The bill’s structure indicates an emphasis on transparency, local notice, and tax limitation, which may appeal to residents and local governments concerned about MUD accountability. At the same time, the added procedural requirements and tax caps could draw concern from developers, district organizers, and existing district officials who may see the measure as limiting flexibility and increasing compliance burdens.

Contention

Likely areas of contention include the bill’s tax caps, especially the $1.25 combined ad valorem ceiling and the 50-cent interest and sinking fund limit, because these provisions could constrain district financing. Another point of dispute is the expanded role for counties and groundwater conservation districts in reviewing proposed MUDs, which may be welcomed by local governments but resisted by petitioners seeking faster district creation. The prohibition on simultaneous service on a property owners’ association board and a MUD board, along with the new residency and voter-qualification requirements for directors, may also be controversial among current board members and developers.

Companion Bills

No companion bills found.

Previously Filed As

TX SB102

Relating to the notice and petition for the creation of a municipal utility district in certain counties.

TX HB363

Relating to the filing with the county clerk of certain counties of a draft of a petition requesting the creation of a municipal utility district.

TX HB4978

Relating to the creation of municipal utility districts in the extraterritorial jurisdiction of a municipality.

TX HB3139

Relating to the authority of a county overlying the Edwards Aquifer to approve the creation of and issuance of bonds by a municipal utility district.

TX HB142

Class 2 municipalities; tax increment districts, further provided

TX HB567

Class 2 municipalities, tax increment districts further provided for

TX HB1427

limiting the authority of a municipality, county, or school district to issue bonds.

TX SB440

relative to the adoption of energy efficient and clean energy districts by municipalities.

TX HB2506

Relating to rates for water or sewer utility service provided by certain municipally owned utilities.

TX SB1914

Relating to consent by a county commissioners court for the creation of certain conservation and reclamation districts in the unincorporated area of the county.

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