LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 27, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4717 by Keffer (Relating to the creation of the Maverick Improvement District of Palo Pinto County; 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 creates Maverick Improvement District of Palo Pinto 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 Sections 52 and 52-a, Article III, and Article XVI, Section 59 of the Texas Constitution and Chapter 383, Local Government Code 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 proposed district is located in rural Palo Pinto County.  The 2007 State Water Plan projects Palo Pinto County to grow from 27,026 in 2000 to 28,895 in 2010 and to 31,147 in 2020.  The county other population of Palo Pinto County was 10,915 in 2000 and is projected to grow to 12,430 in 2010 and to 13,496 in 2020.

2) Location – The proposed district is located in northwestern Palo Pinto County, north of SH 16 and west of FM 2353.  The area is west of Graford and south of Graham.  While it is not possible to determine precise district boundaries, there is a potential overlap with the CCN boundaries of the Possum Kingdom Water Supply Corporation.

3)  Comments on Powers/Duties Different from Similar Types of Districts - The District has the powers of a county development district and the authority for road projects. The District has the power of eminent domain limited to within the District boundaries for road projects or recreational facilities. The District has the ability to levy a contract tax and a hotel occupancy tax. The District may be divided into two or more districts.
 
4)  Overlapping Services - The stated boundaries do not 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 Palo Pinto County is needed to complete overlapping services check. The district may overlap the following provider: Brazos River Authority, Certificates of Convenience and Necessity No. 12890 for Possom Kingdom WSC and Certificates of Convenience and Necessity No. 11010 for Lake Shore Homeowners Association.
 
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 Palo Pinto County, 3.7 percent of the total water used was groundwater in 2004.  Of this, 63 percent was for municipal purposes.  Water management strategies in Palo Pinto County include municipal water conservation and steam-electric conservation.



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