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 Law Code by adding Chapter 8357 to create Brazoria County Municipal Utility District No. 65 (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 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.  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 County Other population for Brazoria County was 65,266 in 2000 and is projected to grow to 69,005 in 2020. 

2)     Location – The proposed district is located in Brazoria County.  The 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 not able to determine specific location of the proposed district.

3)  Comments on Powers/Duties Different from Similar Types of Districts-The District has the ability to impose a contract tax. The bill gives the District authority for road projects. The District has the power of eminent domain power limited to within the district’s boundaries for road projects and recreational facilities.

4)  Overlapping Services- Operational: The District will need to be created in the Agency’s records and databases. 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 Brazoria County is needed to complete overlapping services check.

The District may overlap Brazoria County Municipal Utility District No. 44, Certificate of Convenience & Necessity (CNN) No's, 11982 and 20682 for Orbit Systems Inc. and CCN No. 11612 for Quadvest 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.