LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
May 19, 2005

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
SB1887 by Ogden (Relating to the creation of the Williamson County Municipal Utility District No. 22; providing authority to impose a tax and issue bonds; granting the power of eminent domain. ), Committee Report 2nd 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. 22 (District) in Williamson County with the powers and duties of Water Code Chapters 49, 50, and 54 related to general law Municipal Utility Districts.

 

 

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 Hutto, the City of Round Rock, and the Manville WSC.  The population for the City of Round Rock is expected to grow from 61,136 in the year 2000 to 88,993 in 2010.  The population for the City of Hutto is expected to grow from 1,250 in the year 2000 to 1,826 in 2010.  The population for the Manville WSC is expected to grow from 5,273 in the year 2000 to 7,979 in 2010.

 

2) Location & Size- The proposed district would be composed of approximately 424 acres and appears to be located between the Cities of Round Rock and Hutto, south of U.S. Highway 79 and in the area of Brushy Creek.  The district will be located within the extraterritorial jurisdiction of the City of Hutto.  A portion of the district may be located in the Certificate of Convenience and Necessity of the Manville Water Supply Corporation (WSC), located along the southern portion of the area.

 

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. Additionally, the District has road powers inside the District.

 

 

4) District Finances- Same as general law districts under Texas Water Code Chapter 54, including the issuance of bonds, levying a tax, and setting fees.

 

 

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 temporary directors. After which, permanent directors are elected to the positions.

 

 

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. Property may be acquired for any authorized purpose, which may include water, wastewater, and storm drainage. The District may condemn by either fee simple title or an easement only. The District may exercise the power of eminent domain outside the District only to acquire an easement necessary for a pipeline that serves the District.

 

 

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- Tracts VI, VII, VIII, IX form an acceptable closure. All other tracts do not form an acceptable closure.

 

11) Comments on Powers /Duties Different from Similar Types of Districts- The District has road powers to construct, acquire, improve, maintain, or operate roads. The road projects must meet the ordinances of each municipality or county in which the District is located. The projects must also have the consent by ordinance or resolution by the municipality or county. The District also has the authority to divide.

 

12) TCEQ’s Supervision- As with general law districts, the TCEQ will have general supervision authority, including bond review authority (including for road projects) and review of financial 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. 

 

The City of Hutto purchases all of its water from Manville WSC.  Manville WSC obtains the majority of its water from groundwater wells, with a small portion being purchased from the City of Round Rock.

 

 

 



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