LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 24, 2007

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1573 by Keffer, Jim (Relating to the creation , administration, powers, duties, functions, operations, and financing of the Fort Griffin Special Utility District. ), Committee Report 1st House, Substituted

The Legislative Budget Board, in cooperation with the Texas Water Development Board (TWDB) and the Texas Commission on Environmental Quality (TCEQ), has determined that:

 

The bill creates Fort Griffin Special Utility District (District) in portions of Shackelford, Stephens, and Throckmorton Counties, with the powers and duties of a special utility district under Water Code Chapters 49 and 65. The purpose of the District includes: providing works and projects under powers conferred by Article XVI, Section 59 of the Texas Constitution to benefit the property within the District and the power of eminent domain.  The District is subject to confirmation election by the voters.

 

1)     Population – The detailed description of the proposed boundaries does not allow staff to develop precise population estimates.  The total 2000 Census population of Shackelford, Stephens and Throckmorton Counties was 14,826, with 3,357 living in areas identified in the 2007 State Water Plan as “County-Other” (outside cities of more than 500 and established water utility districts).  The total population of the counties is projected to increase to 15,461 by 2020, the County-Other population is projected to increase to 3,515.

  

2)     Location – The proposed district includes portions of Shackelford, Stephens and Throckmorton Counties.

  

3)  Comments on Powers/Duties Different from Similar Types of Districts  -  If the District has not been confirmed before September 1, 2009, then the District is dissolved on September 1, 2009.  If the District is confirmed, the Shackelford Water Supply Corporation (SWSC) shall transfer its assets, debts, and contractual rights and obligations to the District.  No later than the 30th day after the transfer, the SWSC shall be dissolved.  Upon dissolution, the SWSC shall notify the Commission of the dissolution and the transfer of Certificate of Convenience and Necessity No. 11637 from the SWSC to the District.  The District may also charge a water service impact fee. 

 

4)  Overlapping Services  -  As Filed, the Introduced bill did not form a closure; however, the TCEQ has received and reviewed revised metes and bounds for this District. The District's boundaries, as revised, now close. An area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Shackelford, Stephens, and Throckmorton Counties is needed to complete overlapping services check. The District may overlap: CCN No. 11605:Baylor Water Supply Corporation; CCN Nos. 10617 and 20259:City of Brackenridge; CCN No. 20166:City of Eastland; and, CCN No. 12087:Double Diamond Utilities.

 

5)  TCEQ=s Supervision -  As with general law districts, the TCEQ will have general supervisory authority, including bond review authority and review of financial reports.


6)  Water Use - Eighty-seven percent of the total water use in Shackelford, Stephens, and Throckmorton counties in 2004 was from surface water sources. Sixty-four percent of the total water use is for mining, with 16 percent (virtually all surface water) for municipal purposes. 



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