LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
May 17, 2007

TO:
Honorable Robert Puente, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB1245 by Wentworth (Relating to the creation of Kendall County Water Control and Improvement District No. 2; 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 Texas Water Development Board (TWDB) and the Texas Commission on Environmental Quality (TCEQ), has determined that:
 
This version of the bill contains minor wording and structure changes, changes the expiration date of Subchapter A from September 1, 2011 to September 1, 2014, and removes turnpikes from the types of eligible roads.  This version also adds Section 9022.105, which limits the District’s power of eminent domain. The District can only acquire easements located outside the District’s boundaries that are necessary for water, wastewater, and/or drainage pipelines that serve the District.
 
The bill creates Kendall County Water Control and Improvement District No 2 (District), with the powers and duties under Water Code Chapters 49 and 51. 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 Kendall County was 23,743, with 16,660 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 50,283 by 2020, the County-Other population is projected to increase to 36,410.
 
2)   Location - The district is located within Kendall County.


3)  Comments on Powers/Duties Different from Similar Types of Districts-     The District will have road powers.  If the District has not been confirmed before September 1, 2011, then the District is dissolved on September 1, 2011. 
 
4)  Overlapping Services-     The stated boundaries form a closure except for Tract 4.  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 reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Kendall County is needed to complete an overlapping services check.  The District may overlap CCN Nos. 10676 and 20273 (City of Boerne).
 
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- 86 percent of Kendall County water use in 2004 was for municipal purposes, with virtually all of the remainder used for agriculture. 84 percent of the total water use and 86 percent of the municipal water use comes from groundwater sources. 



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