LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 10, 2005

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB3497 by Gattis (Relating to the creation of the Sonterra Municipal Utility District; providing authority to impose a tax and issue bonds.), 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 a confirmation election, the bill would  create the Sonterra Municipal Utility District in Williamson County with the powers and duties of a Municipal Utility District (MUD) governed by Water Code Chapters 30, 49 and 54.

 

 

 

1) Population- Due to the very specific metes and bounds descriptions of the parcels, staff is not able to estimate a population within the proposed district,  The Jerrell-Schwertner WSC is projected to grow from 2,720 in 2000 to 3,795 in 2010.

 

2) Location & Size- The District includes approximately 1,211.1 acres within Williamson County. The proposed district would be composed of 1,211 acres in northern Williamson County, to the southeast of the City of Jarrell.  This location appears to place the proposed district very close, perhaps adjacent to the proposed CLL Municipal Utility District (HB 1346) and also within an area currently served by the Jarrell-Schwertner Water Supply Corporation.

 

 

3) Powers- As with general law MUDs, the District would have the power to provide water, wastewater, and drainage services.

 

 

4) District Finances- Consistent with general law for municipal utility districts. The District may issue tax and/or revenue bonds, levy a maintenance tax with the approval of a majority of voters within the District.

 

 

5) Board of Directors- The District is to be governed by a board of 5 elected directors. The directors will serve staggered 4-year terms. Temporary directors are named in the bill.

 

 

6) Eminent Domain- Same as general law districts, the District will have the power of eminent domain under Texas Water Code Chapter 49.

 

 

7) Ability to Tax- Yes, for bonds and maintenance purpose, subject to voter consent, which is consistent with general law for MUDs.

 

 

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

 

 

9) Overlapping Services- An adequate boundary description was provided for the proposed District and no certified water or wastewater service area overlaps or known district boundary overlaps were found. However, the Commission does not have the information to perform overlap checks of the proposed district boundary relative to city service areas, county service areas, or unknown district service areas.

 

 

10) Adequacy of Boundary Description- A closure check of the description of the proposed District has been performed and the boundary appears to create an acceptable closure.

 

 

11) Comments on Powers /Duties Different from Similar Types of Districts- Before the District issues indebtedness to be secured by taxes or net revenues, the District has the power to divide into an original district and one or more new districts with the approval of a majority of voters at an election or with the written consent from all title holders of land in the proposed new district. After a division, the original district and any new district’s created must include at least 85 acres.

 

If the District is not confirmed by September 1, 2009, the District is dissolved.

 

 

12) TCEQ’s Supervision- As with general law districts, the TCEQ will have general supervision authority, including bond review authority of all water, wastewater, drainage and recreational facility projects and review of audit reports.

 

 

 

13) State Water Plan Objectives-Water Use:  The proposed district would be located over the Edwards (BFZ) or Trinity Aquifer.  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.  The Jarrell-Schwertner WSC has historically used groundwater, so it is probable that the proposed district could do the same.

 

 

 

 

 



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