TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4711 by Flynn (Relating to the creation of the Hunt County Municipal Utitlity District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), Committee Report 1st House, Substituted |
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 F, Title 6, Special District Local Laws Code by adding Chapter 8341 to create Hunt County Municipal Utility District No. 1 (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, Texas Constitution and Article III, Section 52 and 52-a, 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: Jason Claunch, Jon Smalling, Spencer Taylor, Derek Rogers, and Rome Barnes. 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 detailed description of the proposed boundaries does not allow staff to develop precise population estimates. Based on the general boundaries determined from HB 4711, the population in the 2000 census could be as high as 1960. Population growth in that area since the 2000 census is unknown.
2) Location – The proposed district is a 6,600 acre tract located along Highway 380 west of the
3) Comments on Powers/Duties Different from Similar Types of Districts - The bill grants the District road powers. The District has the power of eminent domain but it is limited to within the District for road projects or recreational facilities. An inclusion in extraterritorial jurisdiction and development agreement is required for land included in the ETJ of the City of
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's 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: | 580 Water Development Board, 582 Commission on Environmental Quality
|
LBB Staff: | JOB, KK, CL
|