LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
May 18, 2007

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB919 by Harris (Relating to the creation of the Viridian Municipal Management District; providing the authority to issue bonds and impose taxes. ), Committee Report 2nd 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:
 
This version of the bill renumbers and restructures the Sections from the Senate Committee Substitute version.  This version of the bill also indicates that the District will have the powers and duties provided by Water Code, Sections 49 and 54, except that the District’s bonds and other securities are not subject to the jurisdiction or supervision of the TCEQ under Chapter 49 of the Water Code.  This version also indicates that the District will have the powers and duties provided in: (1) Chapter 441, Transportation Code; (2) Subchapter A, Chapter 372, Local Government Code; (3) Chapter 375, Local Government Code; and, (4) Section 4B, Development Corporation Act of 1979.  This version also adds Section 3861.110 which indicates that the District may not exercise the power of eminent domain.  The bill amends the Special District Local Laws Code by adding Chapter 3855 to create The Lakes Municipal Utility and Management District of Tarrant County (District) as a special district under Section 59, Article XVI, Texas Constitution and as a municipal utility district under Chapters 49 and 54.  The purpose of the District includes providing works and projects for the benefit of property within its boundaries under the authority of Sections 52 and 52-a, Article III, Section 59 Article XVI Texas Constitution; Chapter 375, Texas Local Government Code; Chapter 441, Transportation Code; Subchapter A, Chapter 372, Local Government Code; and, Section 4B, Development Corporation Act of 1979.
 population is projected to increase to 1,956,163 by 2020.  The city of Arlington had a population of 332,969 in 2000, and is projected to increase to 453,656 by 2020.  The population of Tarrant County that lies outside cities of 500 or more is projected to remain constant at 23,911.
 
 

1)   Population - The total 2000 Census population of Tarrant County was 1,446,219.  The total population is projected to increase to 1,956,163 by 2020.  The city of Arlington had a population of 332,969 in 2000, and is projected to increase to 453,656 by 2020.  The population of Tarrant County that lies outside cities of 500 or more is projected to remain constant at 23,911.


2)   Location- The district is located within Tarrant County.  At least a portion of the district lies within the limits of the city of Arlington.


3)  Comments on Powers/Duties Different from Similar Types of Districts-    The District will have road powers and power to provide improvement projects.  Section 49.052 of the Texas Water Code does not apply to the District.  The District may not exercise the power of eminent domain. 
 
4)  Overlapping Services-    The stated boundaries for Tracts 2, 3, 5, 6, and 6 Save and Except do form acceptable closures; however, Tracts 1 and 4 do not.  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 Tarrant County is needed to complete overlapping service check. A revised metes and bounds description (preferably with the source Abstract listed) is also needed.  Tract No. 1 may overlap: CCN No. 12311: the City of Fort Worth; CCN No. 10105: the City of Grand Prairie; the City of Arlington; and, Tarrant Regional Water District. Tract No. 2 may overlap the City of Arlington. Tract No. 3 may overlap the City of Fort Worth and the City of Arlington. Tract Nos. 4 and 5 may overlap: the City of Fort Worth; the City of Grand Prairie; and Tarrant Regional Water District. And, Tract No. 6/Save and Except may overlap: the City of Fort Worth and Tarrant Regional Water District.
 
5)  TCEQ's  Supervision-    The Commission will have general supervision, except that the Commission will not have bond review authority provided under Water Code, Section 49.

6)  Water Use- According to TWDB 2004 Water Use estimates, 94 percent of Tarrant County water use was for municipal purposes, with 4 percent for manufacturing.   94 percent of the total and municipal water use comes from surface water sources.



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