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 9039 to create Comal County Water Improvement District No. 2 (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 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 description of the proposed boundaries does not allow staff to develop precise population estimates. The population of Comal County was 78,021 in 2000 and is expected to grow to 108,219 in 2010 and to 146,868 in 2020. 

2)     Location – The district is located within Comal County.

3)  Comments on Powers/Duties Different from Similar Types of Districts- The bill grants the District authority for road 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.

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 Comal County is needed to complete overlapping services check. The District’s boundaries may overlap the following service providers: Canyon Regional Water Authority, Green Valley Special Utility District, Guadalupe-Blanco River Authority, (CCN: 10677) City of New Braunfels, (CCN: 10645 & 20271) City of Schertz, (CCN: 10646) Green Valley Special Utility District, and (CCN: 13069) KT Water Development.

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 Comal County, 53.9 percent of the total water used was surface water in the year 2004.  Around 90 percent of the surface water used was for municipal purposes.