LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
April 20, 2007

TO:
Honorable Royce West, Chair, Senate Committee on Intergovernmental Relations
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB1942 by Deuell (Relating to the creation, administration, powers, duties, functions, operations, and financing of the Gastonia-Scurry Special Utility District.), 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 the following:
 
The bill would create the Gastonia-Scurry Special Utility District (District) in Kaufman County, with the powers and duties of a special utility district under Water Code Chapters 49 and 65. The purpose of the District would include providing works and projects under powers conferred by Article XVI, Section 59 of the Texas Constitution to benefit the property within the District. The District would be subject to confirmation election by the voters.


1) Population - The description of the proposed boundaries does not allow staff to develop precise population estimates, although it appears that the proposed district is intended as a successor to the currently existing Gastonia-Scurry Water Supply Corporation. In the 2007 State Water Plan, the population of this district, based on the 2000 Census, was 5,017, projected to increase to 10,000 by 2020.
 
2) Location – The district would be located within Kaufman County.
 
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 Gastonia-Scurry Water Supply Corporation (GSWSC) shall transfer its assets, debts, and contractual rights and obligations to the District.  No later than the 30th day after the transfer, the GSWSC shall be dissolved.  Upon dissolution, the GSWSC shall notify the Commission of the dissolution and the transfer of Certificate of Convenience and Necessity No. 10837 from the GSWSC to the District. The District may also charge a water service impact fee. 
 
4) Overlapping Services - The stated boundaries for Tract One do not form an acceptable closure.  The stated boundaries for Tracts Two and Three do form acceptable closures.  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 Kaufman County is needed to complete overlapping service check. A metes and bounds description (preferably with the source Abstract listed) is also needed.
 
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 - Estimated water use in the Gastonia-Scurry WSC in 2000 was 483 acre-feet. It appears that all current water use is from surface water sources.


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