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 8334 to create Harris County Municipal Utility District No. 478 (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 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 Harris County Municipal Utility District No. 478 is located in a county that is expected to grow in the future and although the proposed area is currently undeveloped, development is anticipated.

The 2007 State Water Plan projects Harris County to grow from its 2000 population of 3,400,578 people to 3,951,682 in 2010 and to 4,502,786 in 2020.  The county other population of Harris County was 76,009 in 2000 and is projected to be 65,312 in 2010 and 51,260 in 2020.

2)     Location - The proposed district’s initial boundaries are described in a combination of county surveys and metes and bounds.  Due to the complexity of these boundaries for the various sub-areas of the district, staff is able to determine only the general location of the proposed district.

The proposed district lies in the northwest part of Harris County.  The proposed area is east of Waller and north of Hockley.  The district covers an undeveloped area and does not appear to overlap with any known CCN boundaries.

3)  Comments on Powers/Duties Different from Similar Types of Districts-The bill grants the District road powers. The bill limits the use of eminent domain to within the District’s boundaries. 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 Harris County is needed to complete overlapping services check.

The district may overlap the following providers: The District may overlap the following service providers: Coastal Water Authority, Harris County Flood Control District, Harris County MUD No. 405, Harris County MUD No. 477, Port of Houston Authority, West Harris County Regional Water 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 Harris County, about 35 percent of the total water used was groundwater in 2004.  Of the total groundwater used, 87 percent was for municipal purposes.  Groundwater within Harris County is pumped from the Gulf Coast Aquifer.  Water management strategies in Harris County include drilling new groundwater wells, indirect reuse, municipal conservation, and securing new contracts from existing sources.