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 the Waller County Municipal Utility District No. 9 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. The District is subject to consent of all municipalities in whose corporate limits or extraterritorial jurisdiction the district is located. 

The bill does not name five temporary directors.

The bill becomes effective immediately with two-thirds vote of the members or on September 1, 2009.

1)     Population – The proposed Waller County Municipal Utility District No. 9 is in a county that is expected to grow in the future, doubling its population over the period from 2000 to 2040.  While the proposed MUD boundaries cover a rural area, it is anticipated to be developed in the future.

Waller County had a population of 32,663 in 2000 and it is expected to grow to 41, 137 in 2010 and to 51,175 in 2020.  The county-other population for Waller County was 16, 755 in 2000 and is projected to grow to 22,746 in 2010 and to 29,844 in 2020.

2)     Location – The proposed district is located in the southeast corner of Waller County near the border with Harris County.  The area is northwest of Katy and northeast of Brookshire.  The proposed district does not overlap with any known CCN boundaries.

3)  Comments on Powers/Duties Different from Similar Types of Districts- The bill also gives the District road powers and limits the power of eminent domain to within the District’s boundaries. The bill gives the District the ability to levy a contract tax The District may be divided into two or more districts.

4)  Overlapping Services- The stated boundaries form an acceptable closure. An area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Waller County is needed to complete overlapping services check. 

The District overlaps Brookshire Katy Drainage District.

5)  TCEQ 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 - Within Waller County, 97 percent of the total water used was groundwater in 2004.  Around 14 percent of the groundwater used was for municipal purposes and 83 percent was used for irrigation.  Groundwater is pumped from the Gulf Coast Aquifer.