LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
78TH LEGISLATIVE REGULAR SESSION
 
May 6, 2003

TO:
Honorable Robert Talton, Chair, House Committee on Urban Affairs
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
HB3629 by Bohac (Relating to the creation of the Spring Branch Area Community Improvement District.), As Introduced

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 confirmation elections, the Bill creates the Spring Branch Area Community Improvement District (District) in Harris County with the powers and duties of Water Code Chapters 49 and 54. The District will have nine directors.

1) Population - The proposed district appears to be with in the western portion of the City of Houston in Harris County. Staff were not able to make an estimate of current or future population for the proposed district within the short review period. The population projections recently approved for use in the 2006 Regional Water Plans show an increase in the City of Houston population from 1,953,631 in the year 2000 to 2,520,926 in the year 2020.

2) Location & Size - The District includes an area within Harris County. The size of the District was not provided and is unable to be determined.

3) Powers - The District has the rights, powers, privileges, authority, and functions for special conservation and reclamation districts including Chapters 49 and 54, Water Code.

4) District Finances - Consistent with general law for special utility districts providing authority to impose a tax and issue bonds.

5) Board of Directors - The District will be governed by a board of nine elected directors which will serve staggered terms of four years.

6) Eminent Domain - Like general law MMDs, the District may not exercise the power of eminent domain.

7) Ability to Tax - The District may impose assessments, according to Local Government Code Chapter 375.

8) Overlapping Services - There are no known overlapping special utility districts or water supply corporations.

9) Ability to Exclude Property - Chapter 49 of the Water Code has provisions to exclude property.

10) Adequacy of Boundary Description - The bill states the boundaries of the proposed authority form a closure; however, a metes and bounds description was not provided, so TCEQ’s Water Supply Division staff could not verify a closure.

11) Comments on Powers /Duties Different from Similar Types of Districts - None

12) TCEQ Supervision - Similar to general law MMDs which are exempt from TCEQ auditing and bond review authority unless the bonds are issued specifically for water, wastewater, or drainage facilities.

13) State Water Plan Objectives - In the year 2000, approximately 38 percent of the City water system’s intake was groundwater and 62 percent was surface water. Based on the year 2000 reported water use, the Gallons-Per-Capita-Daily for the city residents was 159. The creation of this district does not relieve Harris County of the City of Houston from providing services currently provided to the area.

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