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 8313 to create Brazoria County Municipal Utility District No. 64 (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 detailed description of the proposed boundaries does not allow staff to develop precise population estimates.  Based on the Original Texas Land Surveys and roads mentioned in HB 1946, the population in the 2000 census could be as high as 164.  Population growth in that area since the 2000 census is unknown.

The 2007 State Water Plan projects Brazoria County to grow from 241,767 in 2000 to 285,850 in 2010 and continue to grow to 331,731 in 2020.  The proposed district covers a rural area between the Village of Bonney and the City of Angleton.  The County Other population for Brazoria County was 65,266 in 2000 and is projected to grow to 69,005 in 2020.  The City of Angleton, just to the south of the district, is projected to grow from 18,130 in 2000 to 18,951 in 2010 and 19,805 in 2020.

2)     Location – The proposed district’s boundaries are described in a combination of Original Texas Land Surveys and metes and bounds.  Due to the complexity of these boundaries for the various sub-area of the district, staff is able to determine only the general location of the proposed district.

The proposed district is located directly north of the City of Angleton and south of the Village of Bonney in the central part of Brazoria County.  The district runs along SH 288 to the north of Angleton and seems to be bounded on the east by County Road 48 and on the north by County Road 618.

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. The District may be divided into two or more districts. The Village of Bonney may annex all or part of the District.

4)  Overlapping Services- The stated boundaries form an acceptable closure. In sufficient information has been provided in the bill. An area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Brazoria County is needed to complete overlapping services check. A metes and bounds description (preferably with the source Abstract listed) is needed.

An overlap check cannot be performed for tract 1. Insufficient location information was provided. Tract 2 may overlap Brazoria County Municipal Utility District No. 44, Brazos River Authority, Port Freeport, West Brazoria County Development District, (CCN: 11982) Orbit Systems Inc., and (CCN: 11612) Quadvest LP.

5)  TCEQ Supervision- As with general law districts, the TCEQ will have general supervisory authority, including bond review authority and review of financial reports.