TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4698 by King, Phil (Relating to the creation of the Lake Weatherford Municipal Utility Districts Nos. 1 and 2; 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 (TPWD) 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 Chapters 8324 and 8325 to create Lake Weatherford Municipal Utility Districts Nos. 1 and 2 (Districts) with the powers and duties of a municipal utility district under Water Code Chapters 49 and 54. The purpose of the Districts include 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 Districts.
The Districts are subject to confirmation election by the voters. The Districts are subject to consent of all municipalities in whose corporate limits or extraterritorial jurisdiction the Districts are located. The bill does not name five temporary directors. The majority owners of the assessed land value inside the Districts 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 Lake Weatherford Municipal Utility Districts Nos. 1 and 2 are located in a rural area where development is anticipated. In 2000,
2) Location - The proposed district are located east of
3) Comments on Powers/Duties Different from Similar Types of Districts - The bill grants the Districts authority for road construction projects and limits the use of eminent domain limited to within the District’s boundaries for road projects and recreational facilities. The Districts have the ability to levy a contract tax. The Districts may be divided into two or more districts. The Districts may not annex land within the extraterritorial jurisdiction of a municipality unless the City of
4) Overlapping Services - 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 districts geographic location mapped within
Both Districts may overlap City of Willow Park.
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
Source Agencies: | 582 Commission on Environmental Quality, 580 Water Development Board
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LBB Staff: | JOB, KK
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