LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 4, 2005

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB3580 by Hegar (Relating to the creation of the Fort Bend County Municipal Utility District No. 181; providing authority to impose a tax and issue bonds; granting the power of eminent domain.), 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 Fort Bend County Municipal Utility District No. 181 in Fort Bend County with the powers and duties of Water Code Chapters 49, 50, and 54 related to general law Municipal Utility Districts.

 

1) Population- Resident population in the general area is sparse with up to 141 people in the area in the year 2000.  The population projections to be used in the 2006 Region H Water Plan for the rural, unincorporated portions of Fort Bend County show an increase from 38,168 in 2000 to 64,065 in 2010.  The City of Beasley is expected to grow from 590 to 701 in that same time period.

 

2) Location & Size- The proposed district appears to be located in central Fort Bend County:  southwest of the City of Beasley and northeast of FM 360.

 

 

3) Powers- The District will have the general powers and duties granted to municipal utility districts under Texas Water Code Chapters 49, 50, and 54.

 

 

4) District Finances- The District may impose a tax to pay the principle of or interest on bonds with the approval of a 2/3 majority of the voters.

 

 

5) Board of Directors- Same as general law districts. On or after the effective date, a person who owns land in the District may petition to appoint the five temporary directors. After which, permanent directors are elected to the positions to serve staggered four year terms.

 

 

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.

 

 

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

 

9) Overlapping Services- An adequate boundary description and location map was not provided for the proposed District. Therefore, an overlap check could not be performed.

 

 

10) Adequacy of Boundary Description- An adequate metes and bounds description was not provided. Therefore it could not be determined if the boundaries form an acceptable closure.

 

 

11) Comments on Powers /Duties Different from Similar Types of Districts- The district may fund the construction maintenance, and operation of macadamized, graveled, or paved roads and turnpikes through bonds. The District may also be divided into two new districts. If the District is not confirmed before September 1, 2007, 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 financial reports.

 

13) State Water Plan Objectives-Water Use: Within Fort Bend County, 77 percent of the total water use was groundwater in the year 2000.  Sixty-nine percent of the groundwater use was for municipal purposes.  The proposed district will be located over the Gulf Coast Aquifer and would be located in the Fort Bend County Subsidence District.



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