89th Legislature Regular Session

SB 3057

Overall Vote Recommendation
Neutral
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 3057 establishes the River Ranch Municipal Utility District No. 1 (MUD) in Texas under the authority of Section 59, Article XVI of the Texas Constitution. The district is granted the general powers of a municipal utility district as outlined in Chapters 49 and 54 of the Texas Water Code. These powers include the authority to design, construct, finance, operate, and maintain water, wastewater, and drainage infrastructure, as well as certain transportation-related improvements such as roads and storm drainage under Section 52, Article III of the Constitution.

The district is governed by a five-member board of directors. Initially, temporary directors are appointed by the Texas Commission on Environmental Quality based on a petition from landowners holding a majority of the assessed value of the property within the proposed district. Permanent directors are to be elected after the district’s creation is confirmed by an election. The bill also includes provisions for the consent of any municipality within whose jurisdiction the district would be located, as required by state law.

SB 3057 grants the district the authority to impose taxes, fees, and assessments to fund infrastructure projects and service operations. It further provides the district with a limited power of eminent domain to acquire property for public use purposes consistent with the district’s goals. The legislation includes specific compliance requirements regarding construction standards and coordination with municipal or county governments where applicable. The bill also contains legal protections that preserve the validity of the district even if errors are found in field notes or boundary descriptions in the bill’s text.

The stated public purpose of the district is to facilitate development by providing essential infrastructure in areas not served by existing municipalities. Through this legislation, the district is empowered to support growth and promote economic development in the designated area by providing the utility and transportation services necessary for residential or commercial development.

Author
Peter Flores
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 3057 is not expected to have a significant fiscal impact on the State of Texas. Any administrative or regulatory costs associated with implementing the bill are assumed to be manageable within existing agency resources, particularly by the Texas Commission on Environmental Quality (TCEQ), which typically oversees the creation and governance of municipal utility districts (MUDs).

At the local level, the bill’s fiscal implications are more indeterminate. The creation of the River Ranch Municipal Utility District No. 1 includes authorization to issue bonds and levy assessments, fees, and taxes to fund infrastructure and services within the district. However, because these financial actions are contingent on future decisions by the district’s board and cannot be predicted at this time, the exact fiscal impact on the district is unknown. These powers could generate revenue to support district operations, but they also entail potential long-term obligations for repayment and financial management that will affect local property owners within the district.

Importantly, the bill is not anticipated to have a fiscal effect on other local governmental entities outside of the proposed district. The creation of the MUD is self-contained, and its revenue generation and spending authority would be confined to its own jurisdiction. Overall, the bill delegates substantial fiscal autonomy to the new district without imposing costs on state agencies or adjacent municipalities.

Vote Recommendation Notes

SB 3057 proposes the creation of the River Ranch Municipal Utility District No. 1 (MUD) in Williamson County to facilitate infrastructure development in a rapidly growing area of Central Texas. The bill authorizes the district to issue bonds, impose taxes and assessments, and construct public infrastructure such as water, wastewater, drainage, and road improvements. It also grants the district a limited power of eminent domain, contingent on a two-thirds legislative vote, and follows the framework provided by the Texas Constitution and Chapters 49 and 54 of the Water Code.

While the bill does raise potential concerns related to individual liberty, private property rights, and limited government, particularly through the use of eminent domain and the appointment of temporary directors by landowners, these powers are not extraordinary for municipal utility districts. They are constrained to the district’s boundaries and subject to oversight by the Texas Commission on Environmental Quality. The bill includes a safeguard clause that eliminates the eminent domain provision if the legislation does not receive the constitutionally required supermajority, demonstrating an awareness of constitutional limitations and public concern.

Given that SB 3057 pertains to a specific locality and does not impose costs on the state or other political subdivisions, Texas Policy Research remains NEUTRAL. The bill falls within the well-established legal framework for MUD creation in Texas and does not introduce new precedent or broad policy shifts. Stakeholders in Williamson County, including affected municipalities, will retain a role in consenting to the district’s formation and governing its future development.

In sum, while the bill grants significant local authority and financial mechanisms, it does so through routine statutory means and with sufficient checks to respect state and constitutional principles.

  • Individual Liberty: The bill grants a limited power of eminent domain to the newly created district. Even though this is a standard provision in MUD legislation, any ability to compel the transfer of private property can pose risks to individual liberty, particularly if exercised without sufficient oversight or recourse. The bill partially mitigates this concern by including a clause that removes eminent domain authority if it fails to pass with a two-thirds majority, which reflects constitutional sensitivity.
  • Personal Responsibility: The bill does not directly touch on issues of personal behavior, civic duty, or self-governance. Residents of the district will be subject to local taxes and assessments, but these are common expectations in return for utility and infrastructure services. The bill neither encourages nor inhibits personal responsibility in a meaningful way.
  • Free Enterprise: While the district will enable private development by providing critical infrastructure, it may also result in concentrated control by initial landowners or developers who can influence the temporary board. This structure may enable private benefit through public mechanisms, raising concerns about market favoritism or distortion. However, enabling infrastructure for underserved areas can also foster private investment and economic growth over time.
  • Private Property Rights: The inclusion of eminent domain and the ability to levy taxes or assessments on property owners inherently affect property rights. While these tools are necessary for district operations, they require strong procedural safeguards to avoid infringing on landowner autonomy or due process. The bill’s field note provision (allowing imprecise legal descriptions to stand) could also create unintended consequences for affected property owners.
  • Limited Government: MUDs, while locally focused, create new governmental entities with significant authority, including taxation and debt issuance, without full voter input at inception. Temporary directors are appointed by landowners, not elected by residents, which can result in governance with limited accountability in the early stages. Although the district must eventually hold elections and is subject to TCEQ oversight, this initial structure grants considerable power to unelected actors, potentially straining the principle of limited government.
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