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:
HB4703 by Eiland (Relating to the creation of the Galveston County Municipal Utility District No. 76; 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 8332 to create Galveston County Municipal Utility District No. 76 (District) with the powers and duties of a municipal utility district and navigation district under Water Code Chapters 49, 54, 60 and 62. The purpose of the District includes providing works and projects under powers conferred by Article XVI, Section 59 and Article III, Section 52, of the Texas Constitution to benefit the property of within the District.

 

The District is subject to consent of all municipalities in whose corporate limits or extraterritorial jurisdiction the district is located. The District is subject to confirmation election by the voters.

 

The bill does not name five temporary directors. The majority owners of property inside the district may submit a petition to TCEQ requesting that the TCEQ appoint five temporary directors as 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 Galveston County Municipal Utility District No. 76 is located in rural Galveston County.  Galveston County had a population of 250,158 in 2000 and is projected by the 2007 State Water Plan to grow to 268,714 in 2010 and to 284,731 in 2020.  The County Other population of Galveston County was 9,792 people in 2000 and is projected to be 8,523 in 2010 and 7,429 in 2020.

 

2)     Location - The proposed district is located west of the City of Galveston and east of Jamaica Beach in southern Galveston County.  The proposed district does not appear to overlap any known CCN boundaries.

 

3) Comments on Powers/Duties Different from Similar Types of Districts - The bill give the District the ability to levy a contract tax. The bill gives the District authority for road projects and navigation powers. 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 acceptable closure on tract 2, do not form an acceptable closure on tract 1. There is insufficient information provided in the bill. An area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Galveston County is needed to complete overlapping services check.

 

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 Galveston County, 6.4 percent of the total water used was groundwater and of this, over 94 percent was for municipal purposes.  The groundwater in Galveston County is pumped from the Gulf Coast Aquifer.  Water management strategies for the area include drilling new groundwater wells in Jamaica Beach.

 



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