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 Fort Bend County Municipal Utility District No. 200 (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. The District is subject to consent of all municipalities in whose corporate limits or extraterritorial jurisdiction the district is located.

The bill names five temporary directors. The Directors are: Alan Lee, U.L. Edwards, Danny Wilbanks, Jim Taylor, and John West.

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

1)     Population - The proposed area is in a county that is expected to have rapid growth in the near future and while the proposed MUD boundaries cover a rural area, it is anticipated to be developed.

The county-other population for Fort Bend County was 38,168 in 2000 and is expected to grow to 64,065 in 2010 and continue up to 120,315 in 2020.

2)     Location - The proposed boundaries of the Fort Bend County Municipal District No. 200 (MUD) are to the west of the intersection of FM 723 and FM 359.  The northern boundary of the proposed MUD is Jones Creek.  This area is a 66 acre tract between the cities of Foster and Richmond in Fort Bend County.  The proposed area does not overlap with any known CCN boundaries.  It lies to the south of Fort Bend County Municipal Utility District No. 142.

3)  Comments on Powers/Duties Different from Similar Types of Districts- The bill grants the District the ability to levy a contract tax. The bill grants to the District road powers and limits the power of eminent domain to within the District¡¯s boundaries.

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 Caldwell County is needed to complete overlapping services check. 

The District may overlap the Brazos River Authority, Far Hills Utility District, Fort Bend County Development District, Fort Bend County Fresh Water Supply District No. 2, Fort Bend County Municipal Utility District No. 132, Fort Bend County Municipal Utility District No. 176, Montgomery County Utility District No. 2, Utility Companion LTD, and Royal Valley Utilities Inc. 

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 Fort Bend County, 49.7 percent of the total water used was groundwater in the year 2004.  Around 79 percent of the groundwater used was for municipal purposes.  Groundwater is primarily pumped from the Gulf Coast Aquifer (96%), while the rest comes from the Brazos River Alluvium Aquifer.