Austin, Texas
March 6, 2009

Honorable Allan Ritter, Chair, House Committee on Natural Resources
John S. O'Brien, Director, Legislative Budget Board
HB1599 by Zerwas (Relating to the creation of the Waller County Municipal Utility District No. 15; 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 Waller County Municipal Utility District (District) with the powers and duties of a municipal utility district under Water Code Chapters 49 and 54 to benefit the property within the District.


The purpose of the District includes providing works and projects under powers conferred by Article XVI, Section 59 and Article III, Section 55 of the Texas Constitution.


The bill does not name temporary directors. The majority owners of the assessed land value inside the District may submit a petition requesting the 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 Waller County Municipal Utility District No. 15 is in a county that is expected to grow in the future, doubling its population from 2000 in 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 onward to 51,175 in 2020.  The county-other population for Waller County was 16, 755 in 2000 and is expected to grow to 22,746 in 2010 and continue up to 29,844 in 2020.


2)     Location Ė The proposed district is 564.833 acres located in the southwest corner of Waller County along the county line shared with Fort Bend County.  The area is located between the cities of Brookshire to the north and Simonton to the south and is bounded on the west by FM 1489.  The proposed area does not overlap any known CCN boundaries.  It is located south of Pattison Water Supply Corporationís boundaries and southeast of Brookshire Municipal Water District.


3)  Comments on Powers/Duties Different from Similar Types of Districts-The District has the power of eminent domain except for road projects and recreational facilities. The District has the ability to levy a contract tax. The District has road powers.


4)  Overlapping Services- The stated boundaries form an acceptable closure. There is insufficient information provided in the bill to complete an overlap check. An area map containing at least two references points (major road names, road intersections) and the proposed districtís geographic location mapped within Waller County is needed to complete overlapping service check, (the information provided by Brazos River Authority, Brookshire Katy Drainage District).

The stated boundaries may overlap Brazos River Authority and 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, 96.7 percent of the total water used was groundwater in 2004.  Around 14 percent of the groundwater used was for municipal purposes and 82.5 percent was used for irrigation.  Groundwater is pumped from the Gulf Coast Aquifer.

Source Agencies:
582 Commission on Environmental Quality, 580 Water Development Board
LBB Staff: