LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 6, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4701 by Brown, Betty (Relating to the creation of the Twin Lakes Municipal Utility District No. 1 of Kaufman County; 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 Laws Code by adding Chapter 8310 to create Twin Lakes Municipal Utility District No. 1 of Kaufman County (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, and Article III, Section 52, Texas Constitution to benefit the property within the District.

 

The District creation is subject to a confirmation vote. 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 Lisa Pray, Ruth (Rannie) Everett, Christopher T. Guido, Jonathan E. Neubauer and Joy D. Crow. 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 Twin Lakes Municipal Utility District No. 1 is located in rural Kaufman County where the 2000 Census population was around 200 people.  Although this area is rural, development is anticipated.  Kaufman County had 71,313 people in 2000 and is projected by the 2007 State Water Plan to grow to 112,971 in 2010 and to 148,580 in 2020.  The County Other population of Kaufman County was 10,239 in 2000 and is expected to grow and level off at 14,426 in 2010.

 

2)     Location - The proposed district is located southeast of Terrell in Kaufman County near the intersection of FM 2728 and Abner Road.  While it is not possible to determine precise district boundaries, there is a potential overlap with the CCN boundaries of the North Kaufman Water Supply Corporation.

 

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

 

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 Kaufman County is needed to complete overlapping services check.

 

The Districts may overlap Trinity River Authority; Certificate of Convenience and Necessity (CCN) Nos. 10204 & 20077 for City of Deniscone, CCN Nos. 12954 & 20884 for City of Pottsboro, CCN Nos. 10851 & 20474 for City of Terrell, CNN No 10825 for College Mound Water Supply Corporation (WSC), CCN Nos. 13016 & 20919 for Muson Point Property Owners¡¯ Association, CNN No 11205 for North Kaufman WSC, CNN Nos. 13108 & 20995 for Terrell HRC LP.

 

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 Kaufman County, around 3 percent of the total water used in 2004 was groundwater.  Of the groundwater used, almost 67 percent was for municipal purposes.  Eighty percent of groundwater in Kaufman County is pumped from the Nacatoch Aquifer, and the remaining groundwater 20 percent comes from the Woodbine Aquifer.

 



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