LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
78TH LEGISLATIVE REGULAR SESSION
 
April 22, 2003

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
HB3560 by Gattis (Relating to the creation, administration, powers, duties, operation, and financing of the Williamson County Municipal Utility District No. 12.), Committee Report 1st House, Substituted

The Legislative Budget Board in cooperation with the Water Development Board (TWDB) and Texas Commission on Environmental Quality (TCEQ), has determined the following:

Subject to a confirmation election, the bill creates Williamson County Municipal Utility District No. 12 (District) in Williamson County with the powers and duties of Water Code Chapters 49 and 54 related to the general law for Municipal Utility Districts (MUDs).

1) Population - The proposed district is entirely within Williamson County, north north-east of the city of Leander and is composed of 353.6 acres. The complexity of the proposed boundaries suggests that it surrounds an existing subdivision and does not allow staff to make an estimate of current or future population for the District. The population projections recently approved for use in the 2006 Regional Water Plans show an increase in the Williamson County population from 211,474 in the year 2000 to 416,122 in the year 2020. Staff are unable to predict how much, if any, of this growth come from the District.

2) Location & Size - The District includes 353.50 acres of land on two tracts in Williamson County.

3) Powers - The District has the general powers and duties granted to MUDs, under Water Code Chapter 54 and applicable to all districts under Water Code Chapter 49.

4) District Finances - Same as general law municipal utility districts under Water Code Chapter 54. Including the issuance of bonds, levying a tax, and setting fees.

5) Board of Directors - Same as general law districts. The bill appoints five temporary directors named in the bill to serve until five initial directors are elected. On the first Saturday in May of the first even-numbered year after confirmation election, two permanent directors are elected for two-year terms. Thereafter, the appropriate number of directors are elected on the first Saturday in May of each subsequent even-numbered year following the election. The five directors will serve staggered four-year terms.

6) Eminent Domain - Same as general law districts, the District will have the rights and powers of eminent domain within five miles of its boundaries. Property may be acquired for sewer, water, storm drainage, and flood drainage only. The District may condemn by either fee simple title or an easement only.

7) Ability to Tax - As with general law districts, upon voter approval, the District may levy ad valorem debt service and operation and maintenance taxes.

8) Overlapping Services - There are no overlapping services.

9) Ability to Exclude Property - Same as general law MUDs, the District has the power to exclude property.

10) Adequacy of Boundary Description - The boundary description has been reviewed and found not to form an acceptable closure; however, according to the bill, this does not affect the validity of the District.

11) Comments on Powers /Duties Different from Similar Types of Districts - The District may be annexed on the earlier of dates that the District is at least 90% built-out or upon the twentieth anniversary of the District’s confirmation election.

12) Texas Commission on Environmental Quality Supervision - As with general law districts, the TCEQ will have general supervision authority, including bond review authority and review of financial reports.

13) State Water Plan Objectives - Municipal water use accounted for 91 percent of the county’s water use; 87 percent of the county’s groundwater use and 94 percent of the county’s surface water use. The next highest water-use categories mining, livestock raising, and manufacturing; each with approximately 2% of the county’s total water use or less. Board staff finds that creation of the proposed District is not in conflict with the State Water Plan objectives of promoting the efficient use of local groundwater resources and the implementation of practices and programs to effectively manage local groundwater resources.



Source Agencies:
580 Water Development Board, 582 Commission on Environmental Quality
LBB Staff:
JK, CL