LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 14, 2005

TO:
Honorable Frank Madla, Chair, Senate Committee on Intergovernmental Relations
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB1346 by Gattis (Relating to the creation of the CLL Municipal Utility District No. 1; providing authority to impose a tax and issue bonds.), As Engrossed

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 CLL Municipal Utility District No. 1 (District) in Williamson and Bell counties with the powers and duties of Water Code Chapters 30, 49, and 54 related to general law Municipal Utility Districts and Regional Waste Disposal Districts.

 

1) Population - The proposed district is composed of seven parcels of land located along the Bell County – Williamson County boundary.  It appears as though the district would be located east of IH 35, in an area currently served by Jarrell Schwertner Water Supply Corporation (WSC).  Nearby cities include Jarrell and Bartlett.  Due to the very specific metes and bounds descriptions of the seven parcels, staff is not able to estimate a population within the proposed district.  From population projections to be used in the 2007 State Water Plan, the Jarrell – Schwertner WSC, which include the City of Jarrell as well as much of the rural area in which the proposed district may be located, is expected to grow nine percent, from 3,961 in the year 2000 to 4,313 in the year 2010.

 

2) Location & Size - The District is located in Bell and Williamson counties and contains approximately 881.298 acres.

 

3) Powers - The District will have the general powers and duties granted to municipal utility districts under Texas Water Code Chapters 30, 49, and 54.

 

4) District Finances - Same as general law districts under Texas Water Code Chapter 30 and 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.

 

6) Eminent Domain - Same as general law districts, the District will have the rights and powers of eminent domain under Texas Water Code Chapter 49. Property may be acquired for any authorized purpose, which may include water, wastewater, and storm drainage. 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 - An adequate boundary description and location map was not provided for the proposed district. Therefore, an overlap check could not be performed.

 

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

 

10) Adequacy of Boundary Description - Boundary description in seven parts. Parts 1, 2, and 5 form an acceptable closure. Parts 3, 4, 6, and 7 do not form closures. The Commission does not have the information to perform overlap checks of the proposed District boundary relating to city service areas, county service areas, and unknown district service areas.

 

11) Comments on Powers /Duties Different from Similar Types of Districts - Water Code Chapter 30, on "Regional Waste Disposal" applies to this District. If the District has not been confirmed before September 1, 2011, the Act expires.

 

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 - The proposed district would be located over the Edwards (BFZ) or Trinity Aquifer.  Any wells in the Bell County-portion would be located in the Clearwater Underground Water Conservation District. Within Bell County, seven percent of the total water use was groundwater in the year 2000.  Sixty eight percent of the groundwater use was for municipal purposes.  Within Williamson County, 35 percent of the total water use was groundwater in the year 2000.  Eighty-seven percent of the groundwater use was for municipal purposes.



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