LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 10, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2123 by Olivo (relating to the creation of the Fort Bend County Municipal Utility District No. 192; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), Committee Report 1st House, Substituted

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 Fort Bend County Municipal Utility District No. 192 (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 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 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 Fort Bend County Municipal Utility District (MUD) No. 192 is in a county that is expected to have rapid growth in the near future and while the proposed MUD boundaries cover a rural area, it is anticipated to be developed.

 

The county-other population for Fort Bend County was 38,168 in 2000 and is expected to grow to 64,065 in 2010 and continue up to 120,315 in 2020.

 

 

2)     Location – The proposed district is located in the central/eastern part of Fort Bend County, south of the Brazos River.  The area is southwest of Sugarland and just south of Greatwood.  The proposed district is north of FM 2759 and east of State Highway 99.  The proposed district does not appear to overlay any existing CCN boundaries.  It is next to Plantation MUD and Fort Bend County MUD No. 109.

 

3)  Comments on Powers/Duties Different from Similar Types of Districts- The District will have the authority for road projects.  The District will have the power of eminent domain, but it is limited to within the District for road projects or recreational facilities.  The bill gives the District 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 Fort Bend County is needed to complete overlapping services check. 

 

The District may overlap Brazos River Authority, Fort Bend County Drainage District, Fort Bend County Levy Improvement District No. 11, Fort Bend County Municipal Utility District Nos. 106, 108, 109 and 117, and Certificates of Convenience and Necessity Nos. 12922 and 20870: Royal Valley Utilities 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 Fort Bend County, 49.7 percent of the total water used was groundwater in the year 2004.  Around 79 percent of the groundwater used was for municipal purposes.  Groundwater is primarily pumped from the Gulf Coast Aquifer (96%), while the rest comes from the Brazos River Alluvium Aquifer.


 



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