TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4225 by Miller, Doug (Relating to the creation of the Comal County Water Improvement District No. 1; 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 amends Subtitle I, Title 6, Special District Local Laws Code by adding Chapter 9038 to create Comal County Water Improvement District No. 1 (District) with the powers and duties of a municipal utility district under Water Code Chapters 49 and 51.
The purpose of the District includes providing works and projects under powers conferred by Article XVI, Section 59 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 names five temporary directors. The directors are Donnie Shaw, Bob Shemwell, Joe Dawson, Dick Nevitt, and Robert Whitley. If permanent directors are not elected, 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 successor 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 description of the proposed boundaries does not allow staff to develop precise population estimates. The population of
2) Location – The district is located within
3) Comments on Powers/Duties Different from Similar Types of Districts- The bill grants the District authority for road construction projects and limits the use of eminent domain to within the District’s boundaries for road projects and recreational facilities. The District has the ability to levy a contract tax. The District may be divided into two or more districts. The District may not construct water or wastewater facilities without approval of plans and specifications from the municipality in whose corporate limits or extraterritorial jurisdiction in which the District is located. The District shall convey the facility to the municipality upon completion.
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
5) TCEQ Supervision- The TCEQ supervision is limited to review of the District's bonds to finance water, wastewater, or drainage facilities and financial reports required by the Water Code; otherwise, the District is not subject to TCEQ supervision.
6) Water Use - Within
Source Agencies: | 582 Commission on Environmental Quality, 580 Water Development Board
|
LBB Staff: | JOB, WK
|