TO: | Honorable Allan Ritter, Chair, House Committee on Natural Resources |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4725 by Rose (Relating to the creation of the Caldwell County Municipal Utility District No. 1; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), As Introduced |
The bill amends Subtitle F, Title 6, Special District Local Laws Code by adding Chapter 8307 to create Caldwell 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, and Article III, Section 52 of the 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 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 subsequent temporary directors listed in the petition.
The District has the authority to levy a contract tax and for road projects. The District has the power of eminent domain power limited to within the district’s boundaries for road projects and recreational facilities. The District may be divided into two or more districts.
The bill becomes effective immediately with two-thirds vote of all the members or on September 1, 2009.
1) Population - The proposed district is located in rural
Martindale is the closest city and had a population of 953 in 2000 and is projected to grow to 1,150 in 2010 and to 1,291 in 2020.
2) Location - The proposed district is located in western
3) Comments on Powers/Duties Different from Similar Types of Districts – The District has the authority to levy a contract tax and for road projects. The District has the power of eminent domain power limited to within the district’s boundaries for road projects and recreational facilities. The developer may not begin construction or development until they have entered into a contract for water and sewer services for the project, and must enter into an agreement with the Texas Department of Transportation, the
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 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: | 582 Commission on Environmental Quality, 580 Water Development Board
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LBB Staff: | JOB, KK
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