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 amends Subtitle F, Title 6, Special District Local Laws Code to create Fort Bend County Municipal Utility District No. 203 (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, Texas Constitution, and Article III, Section 52 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 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 No. 203 is in Fort Bend County, which is expected to have rapid growth in the near future.  While the proposed district boundaries cover a rural area, development is anticipated.

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 consists of 197.738 acres of land located in the northwestern part of Fort Bend County.  The area is between the cities of Simonton and Fulshear.  The proposed district does not overlap with any known CCN boundaries.

3)  Comments on Powers/Duties Different from Similar Types of Districts-The bill authorizes the District to levy a contract tax and operation and maintenance tax. The District is subject to confirmation election by the voters¡¯ resolution and determines the temporary directors. The Texas Commission on Environmental Quality appoints the voting directors. The District has limited power of eminent domain except for road projects or recreational facilities.

4) Overlapping Services- The stated boundaries form an acceptable closure on tract No. 1, 2, 3, 5, and 6. The stated boundaries do not form an acceptable closure on tract No. 4. There is insufficient information provided in the bill. An area map containing at least two references points (major road names, road intersections) and the proposed district¡¯s geographic location mapped within Fort Bend County is needed to complete overlapping service check.

The District may overlap Twinwood Municipal Utility District (MUD), Fort Bend Co. Drainage District, Certificate of Convenience and Necessity No. 12549, FM 1489 Triangle Inc., Fort Bend Co. Drainage District, and Fort Bend Co. MUD 81.

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.