LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 18, 2005

TO:
Honorable Frank Madla, Chair, Senate Committee on Intergovernmental Relations
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB3524 by Gattis (Relating to the creation of the Williamson County Municipal Utility District No. 19; 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 would create the Williamson County Municipal Utility District No. 19 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 population for the Chisholm Trail SUD is expected to grow from 11,202 in the year 2000 to 19,019 in 2010.

 

 

2) Location & Size- The proposed district would be composed of 1,850 acres in west central Williamson County, in the vicinity of State Highway 29.  It appears as though this would place the proposed district close to the Chisholm Trail Special Utility District (SUD).

 

 

 

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. Temporary directors do not have to own land in or reside in the District.

 

 

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. The proposed District boundary appears to overlap Chisholm Trail SUD CCN 2284700 and CCN 11590. 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, and 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 100 acres.

 

A municipality may annex the original District or a new district after: the district has installed at least 90 percent of works, improvements, facilities, plants, equipment, and appliances necessary to provide service to the proposed development, to accomplish the District’s purpose, and to exercise the powers provided by general law; or if 10 years have elapsed since the District’s confirmation.

 

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) Aquifer 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. 

 

 

 



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