LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 7, 2005

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB3549 by Gattis (Relating to the creation of the Williamson County Municipal Utility District No.21; providing authority to impose a tax and issue bonds. ), 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 would  create the Williamson County Municipal Utility District No. 21 in Williamson County with the powers and duties of a Municipal Utility District (MUD) governed by Water Code Chapters 30, 49, 50 and 54; providing authority to impose a tax and issue bonds.

 

 

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 three nearest entities to be included in the 2006 Region G Water Plan include the City of Georgetown, Chisholm Trial Special Utility District (SUD), and Jonah Water SUD.  The population for the City of Georgetown is expected to grow from 28,339 in the year 2000 to 40,888 in 2010.  The population for the Chisholm Trail SUD is expected to grow from 11,202 in the year 2000 to 19,019 in 2010.  The population for the Jonah Water SUD is expected to grow from 7,962 in the year 2000 to 10,685 in 2010.

 

2) Location & Size- The proposed district would be composed five tracts of land, totaling 530 acres and appears to be located just north of the City of Georgetown and partially along Berry Creek.  The district may be partially within the City’s boundaries or the City’s extraterritorial jurisdiction.

 

3) Powers- As with general law MUDs, the District would have the power to accomplish the purposes of Section 59, Article XVI, Texas Constitution. The District must obtain the approval of the Brazos River Authority for the design of any district wastewater treatment facility. Only the Brazos River Authority or a provider approved by the Brazos River Authority may provide wastewater service in the District.

 

4) District Finances- Consistent with general law for municipal utility districts. The District may issue tax and/or revenue bonds, levy a maintenance tax, and set fees and rates.

 

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. On or after September 1, 2005 a person owning land within the District may submit a petition to the TCEQ requesting that the Commission appoint as temporary directors the persons named in the petition.

 

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-No data available.

 

9) Overlapping Services- Not enough information was provided to determine if there were any overlaps.

 

10) Adequacy of Boundary Description- Not enough information was provided to do a metes and bounds check for tracts A, B, and C. Tract D had a small gap and Tract E had an acceptable closure.

 

11) Comments on Powers /Duties Different from Similar Types of Districts- The District must be confirmed before September 1, 2009, or the District is dissolved.

 

12) TCEQ’s Supervision- As with general law districts, the TCEQ will have general supervision authority, including bond review authority 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.  HB3549 stipulates that the Brazos River Authority (or an entity that the Authority designates) will provide wastewater service to the proposed district, so there is the likelihood that the district will receive surface water through the Authority.

 

 

 




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