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 C, Title 4, Special District Local Laws Code by adding Chapter 3871 to create Trinity River West Municipal Management District (District) with the powers and duties of a municipal utility district under Water Code Chapters 49 and 54, and a municipal management district under Chapters 372, and 375, Local Government Code, Chapter 1371, Government Code and Chapter 311, Tax Code. The purpose of the District includes providing works and projects for the benefit of the property within and outside the District under powers conferred by Article XVI, Section 59, Texas Constitution and Article III, Section 52 and 52-a, Texas Constitution, and Local Government Code.

The District is subject to consent of all municipalities in whose corporate limits or extraterritorial jurisdiction the district is located. The District will be governed by nine directors composed of six directors appointed by the governing body of the city and three city employees appointed by the governing body of the city. The bill does not name temporary directors, but has a place for them to be named. Disqualifications of directors listed in Water Code Chapter 49.053 do not apply to the District.

The bill becomes effective immediately with two-thirds vote of the members or on September 1, 2009.

1)     Population - The 2007 State Water Plan projects Dallas County to grow from 2,218,774 in 2000 to 2,557,152 in 2010 and continue growing to 2,883,564 in 2020.  The county other population of Dallas County was 1,899 and is projected to be 1,143 in 2020.

2)     Location - The proposed district is situated west of the Dallas Central Business District along the western bank of the Trinity River Floodway in Dallas 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 District will have authority for road projects and improvement projects. The District’s bonds are not subject to TCEQ Water Code Chapter 49 or other law. The District may undertake water and sanitary sewer improvements inside or outside the District’s boundaries subject to city ordinance consent.  The bill indicates that the district will have no power of eminent domain. The District has ability to levy ad valorem tax, an assessment, and issue bonds. The District may be dissolved by city ordinance.

4) Overlapping Services - There is insufficient information provided in the bill to complete an overlap check or a closure check. An area map containing at least two references points (major road names, road intersections) and the proposed district’s geographic location mapped within Dallas County is needed to complete overlapping service check.

5) TCEQ Supervision - The TCEQ supervision is limited to review of the District’s financial reports required by the Water Code; otherwise, the District is not subject to TCEQ supervision.

6) Water Use - Within Dallas County, less than 1 percent of the total water used is groundwater.  Of this, 52 percent is for municipal purposes.  Groundwater in Dallas County is primarily pumped from the Trinity Aquifer.