LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 16, 2007

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2782 by Otto (Relating to the creation of the Liberty County Municipal Utility District No. 5.), As Introduced

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 Liberty County Municipal Utility District No. 5 (District) with the powers and duties of a municipal utility district under Water Code Chapters 49 and 54. 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 2000 Census population of Liberty County was 70,154, with 39,529 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 county population is projected to increase to 94,898 by 2020; the County-Other population is projected to be 58,633.
 
 
2)     Location - The district is located within Liberty County.


3)  Comments on Powers/Duties Different from Similar Types of Districts-    On or after September 1, 2007 a person who owns land in the district may submit a petition to the TCEQ naming five persons and requesting that it appoint them temporary directors to convene and pursue the confirmation of the district. If the District has not been confirmed before September 1, 2012, then the District is dissolved on September 1, 2012.
 
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. There is insufficient information provided in the bill to determine if the District overlaps any water supply or sewer‑service corporations, investor‑owned utilities, or local water districts or authorities.  An area map containing at least two references points (major road names, road intersections) and the proposed district’s geographic location mapped within Liberty County is needed to complete overlapping service check. The District may overlap: CCN 12875:Riverboat Bend Trailer Park; CCN 12892:T & W Water Service Company; and, CCN 12388:Woodland Hills Water Company.
 
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 - 78 percent of Liberty County water use in 2004 was for irrigation, with 11 percent for municipal purposes.   77 percent of the total water use was from surface water sources; however, 100 percent of the municipal water use came from groundwater sources. 



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