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. 204 (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.  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 majority owners of the assessed land value inside the District may submit a petition requesting the Texas Commission on Environmental Quality (TCEQ) appoint the five temporary directors listed in the petition.

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

1)     Population – The proposed Fort Bend County Municipal Utility District (MUD) No. 204 is located in Fort Bend County, which is expected to have rapid growth in the future.  While the proposed district boundaries cover a rural area, development is anticipated.  Based on survey data gathered from Fort Bend County, the population in the 2000 census was around 330.  Precise population growth in this particular area since the 2000 census is unknown.

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 district is located in the northwest corner of Fort Bend County with its northern boundary along the county line with Waller County and its western boundary along the county line with Austin County.  The southern boundary is the Brazos River.  This area is a 1411 acre tract located southeast of Simonton, southwest of Fulshear, and northeast of Wallis.  The proposed district is directly west of the Weston Lakes development.  The proposed area does not overlap with any known CCN boundaries.

3)  Comments on Powers/Duties Different from Similar Types of Districts- The District will have the authority for road projects.  The District will have the power of eminent domain except for road projects or recreational facilities.  The bill gives the District the ability to levy a contract tax and an operation and maintenance tax. 

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 Fort Bend County is needed to complete overlapping services check. 

The District may overlap Brazos River Authority, Fort Bend County Drainage District, Twinwood Municipal Utility District, and Certificates of Convenience and Necessity No.  12549: FM 1489 Triangle 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 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.