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 Brazoria County Municipal Utility District No. 44 in Brazoria County with the powers and duties of a Municipal Utility District (MUD) governed by Water Code Chapters 49 and 54.

1) Population- The general area in which the district is proposed does not appear to have had any resident population in the year 2000.  The unincorporated portions of Brazoria County are projected to decline in population from 65,266 in 2000 to 61,157 (2006 Region H Water Plan approved projections).  The City of Bonney is not in the Region H Water Plan because the 2000 population was below 500 (384). 

2) Location & Size- The proposed district is composed of approximately 250 acres and is located east of the City of Bonney in north-central Brazoria County.  The district appears to be located between the city and State Highway 288.

3) Powers- As with general law MUDs, the District would have the power to provide water, wastewater, and drainage services. The District would also have road powers to construct or improve roads or turnpikes inside the Distirct; however, bonds sold for these purposes may not exceed 1/4 of the total assessed valuation of real property within 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. The District must have 2/3 majority of voter approval before selling any road power bonds.

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. The bill limits the use of eminent domain outside the district to easements for pipelines serving the district.

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.

 A closure check of the description of the proposed District boundaries has been performed and there appears to be a small gap in the proposed boundaries.

10) Comments on Powers /Duties Different from Similar Types of Districts- The District must be confirmed by September 1, 2007, or the District is dissolved. A confirmation election can not be held until municipalities in whose corporate limits or ETJ the district is located or a county in which the district is located (outside any ETJ) have adopted a resolution consenting to the creation of the District. The District shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Bonney. The District will have road powers. Eminent domain powers limited.

11) Comments on Powers/Duties Different from Similar Types of Districts-Data not available. 

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; however, TCEQ approval of the issuance of bonds and project review of road powers projects does not apply.

13) State Water Plan Objectives-Water Use: Within Brazoria County, only 15 percent of the total water use was groundwater in the year 2000.  Seventy-three percent of the groundwater use was for municipal purposes.  The proposed district would be located over the Gulf Coast Aquifer and within the proposed Brazoria County Groundwater Conservation District.

The adjacent City of Bonney does not have a public water system, so the majority of residents probably use groundwater.  Due to the district’s close proximity to Bonney, it would be reasonable to expect the residents of the new district to used groundwater.