LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
March 9, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1691 by Zerwas (Relating to the creation of the Waller County Municipal Utility District No. 14; 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 amends Subtitle F, Title 6, Special District Local Laws Code by adding Chapter 8351 to create Waller County Municipal Utility District No. 14 (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 Section 59, Article XVI, and Section 52, Article III 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 that the Texas Commission on Environmental Quality (TCEQ) appoint the five temporary directors listed in the petition.

 

1)     Population - The proposed Waller County Municipal Utility District No. 9 is in a county that is expected to grow in the future, doubling its population over the period from 2000 to 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 to 51,175 in 2020.  The county-other population for Waller County was 16, 755 in 2000 and is projected to grow to 22,746 in 2010 and to 29,844 in 2020.

 

2)     Location – The proposed district is located in south central Waller County along the border with Fort Bend County.  The area is south of Brookshire and lies between FM 1489 and FM 359.  The proposed district does not overlap with any known CCN boundaries.

 

3) Comments on Powers/Duties Different from Similar Types of Districts- The District has the power of eminent domain, but it is limited to within the District for road projects or recreational facilities. The District has road powers. The District has the ability to levy a contract 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 Waller County is needed to complete overlapping services check. 

 

The District’s boundaries may overlap the following services providers: (Certificates of Convenience and Necessity Nos. 10928 & 20389) Brookshire Municipal Water District, Fort Bend-Waller County Municipal Utility District No. 1, Brazos River Authority, Brookshire Katy Drainage District, and San Jacinto River Authority.

 

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, 97 percent of the total water used was groundwater in 2004.  Around 14 percent of the groundwater used was for municipal purposes and 83 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:
JOB, WK