TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB1456 by Zerwas (Relating to the creation of the Fort Bend-Waller Counties Municipal Utility District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), 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 that:
The bill creates Fort Bend Waller Counties Municipal Utility District No. 2 (District) with the powers and duties with the powers and duties of a municipal utility district under Water Code Chapters 49 and 54 and road powers under Section 52, Article III, Texas Constitution.
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 except for road projects or recreational facilities. 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, and directs the TCEQ, in response to a landowner petition, to appoint additional temporary directors if permanent directors have not been elected by the time the terms of the initial temporary directors expire.
1) Population – The proposed Fort Bend- Waller Counties Municipal Utility District No. 2 lies in two counties that are expected to grow in the future and although the area is very rural, development is anticipated.
2) Location – The proposed district’s initial boundaries are described in a combination of county surveys and metes and bounds. Due to the complexity of these boundaries for the various sub-areas of the district, staff is able to determine only the general location of the proposed district.
The district will be located in the northern point of Fort
3) Comments on Powers/Duties Different from Similar Types of Districts-The District will have road powers. The District will have the ability to levy a contract and a contract tax upon voter approval.
4) Overlapping Services- The stated boundaries form an acceptable closure. With information provided, it appears that the District boundaries may overlap Brookshire Katy Drainage District, Fort Bend County Drainage District, West Harris County Regional Water Authority, and Willow Point Municipal Utility District. An area map containing at lest two reference points (major road names, road intersections) and the proposed district’s geographic location mapped in Fort Bend and Waller Counties is needed to complete overlapping services check.
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
Within
Future water management strategies for Katy include municipal conservation and additional yield from
Source Agencies: | 582 Commission on Environmental Quality, 580 Water Development Board
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LBB Staff: | JOB, WK
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