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 X, Title 6, Special District Local Laws Code by adding Chapter 11002 to create Lajitas Utility District No. 1 of Brewster 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 Article XVI, Section 59, and Article III, Section 52 and 52-a, Texas Constitution, and Chapter 375, 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 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 five successor temporary directors listed in the petition if permanent directors have not been elected.

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 Brewster County.  According to the 2007 State Water Plan, Brewster County is projected to grow from 8,866 in 2000 to 9,468 in 2010 and to 9,944 in 2020. The county other population of Brewster County was 3,080 in 2000 and is projected to grow to 3,148 in 2010 and to 3,202 in 2020.

2)     Location - The proposed district is located adjacent to the southwestern border of Brewster County west of SH 116 and north of FM 170. The area does not appear to overlap any known CCN boundaries.

3) Comments on Powers/Duties Different from Similar Types of Districts - The District has authority for road projects and for eminent domain limited to within the District’s boundaries for road projects and recreational facilities. The District has authority to construct or acquire electric power facilities and airports, to exercise the power of a development corporation, and to divide into two or more districts, and to levy special assessments. The District has the ability to levy a contract tax, sales and use tax, and hotel occupancy tax.

4) Overlapping Services - The stated boundaries do not form an acceptable closure on some tracts.  An area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Brewster County is needed to complete overlapping services check.  The District boundaries may overlap Certificate of Convenience and Necessity (CCN) Nos. 11735 & 20578 for Lajitas Utility Co. Inc. and CCN No. 12741 for Study Butte Water Supply Corporation.

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 Brewster County, 32 percent of the total water used was groundwater in 2004. Of this, over 58 percent was for municipal purposes.  Groundwater is primarily pumped from the Igneous Aquifer in Brewster County.