LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
Revision 1
 
March 23, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1713 by Creighton (Relating to the creation of the Blaketree Municipal Utility District No. 1 of Montgomery County; 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 Blaketree Municipal Utility District No. 1 of Montgomery County (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, Texas Constitution, to benefit the property within the District.  The District is subject to confirmation by the temporary directors. 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. The temporary board consists of Rob Clark, Lorie Varnas, Rand Arbuckle, Alfredo Saenz and Tammy Pizzitola.  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 if permanent directors have not been elected by the time the terms of the temporary directors have expired.

 

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

 

1)     Population – The proposed Blaketree Municipal Utility District (MUD) No. 1 is in Montgomery County, which is expected to have rapid growth in the future.  While the proposed boundaries cover a rural area, it is anticipated to be developed in the near future.

 

The State Water Plan projects the population of Montgomery County to more than double its 2000 population by 2030.  In 2000, the population of Montgomery County was 293, 768 and is projected to grow to 417, 692 in 2010 and onward to 542, 051 in 2020.  The county-other population of Montgomery County was 99,788 in 2000 and is expected to grow to 156, 912 in 2010 and continue up to 198, 870 in 2020.

 

2)     Location – The proposed district is 940 acres located in the western part of Montgomery County along the county line shared with Grimes County.  The western boundary of the proposed area is FM 1486 and Moon Camp Road makes up the northern boundary.  The district is southeast of Montgomery, due east of Conroe, and northwest of Magnolia.  It appears that the proposed area overlays the CCN boundary of Dobbin Plantersville Water Supply Corporation (CCN 11052).

  

3)  Comments on Powers/Duties Different from Similar Types of Districts- The District has the power of eminent domain except for road projects or recreational facilities. The District has the ability to levy a contract tax and a maintenance and operation tax.  The District may be divided into two or more districts. The District will have road powers.

 

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 Montgomery County is needed to complete overlapping services check.  The district may overlap the following providers: San Jacinto River Authority, Certificates of Convenience and Necessity No. 11052: Dobbin Plantersville Water Supply Corporation, and Certificates of Convenience and Necessity No. 12887: MSEC Enterprises, 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 Montgomery County, 98.3 percent of the total water used was groundwater in 2004.  Around 93 percent of the groundwater used was for municipal purposed.  Groundwater in Montgomery County is pumped from the Gulf Coast Aquifer.

 

 


 



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