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 3845 to create Tornillo Management District (District) with the powers and duties of a management district under Sections 59, Article XVI and Sections 52 and 52-A, Article III, Texas Constitution. The purpose of the District includes providing works and projects for the benefit of the property inside and outside the District with powers and duties conferred by Article XVI, Section 59 and Article III, Section 52 and 52-a, Texas Constitution; Chapters 375 and 505, Local Government Code; Chapter 351, Tax Code,  and Chapters 49 and 54, Water Code.

The District will be governed by seven directors, three of which shall be appointed by specific entities. The bill does not name temporary directors.

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

1)     Population - As the description of the proposed boundaries is described in a combination of different area surveys and metes and bounds, staff is unable to develop precise population estimates. The proposed district is located in a fairly undeveloped area in southern El Paso County. According to the 2007 State Water Plan, El Paso County is projected to grow from 679,622 in 2000 to 826,062 in 2010 and to 986,443 in 2020.

2)     Location - The proposed district is located in southern El Paso County along the West Texas border, near the intersection of State Highway 20 and O.T. Smith Road. The district appears to include Tornillo, which is southeast of Clint. The proposed area does not appear to overlap any known CCN boundaries.

3) Comments on Powers/Duties Different from Similar Types of Districts - The District will not have the power of eminent domain. The District has rail powers and development corporation powers. The District may issue a contract tax, hotel occupancy tax, or sales and use tax.  The bill also allows the Tornillo Management District to provide wholesale or retail water and wastewater services by board resolution.

4) Overlapping Services - The stated boundaries form an acceptable closure.  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 El Paso County is needed to complete overlapping service check.  The District may overlap the Lower Valley Water District and El Paso County Tornillo Water District

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 El Paso County, 34 percent of the total water used in 2004 was groundwater. Of this, over 85 percent was for municipal purposes. In El Paso County, groundwater is pumped from the Hueco-Mesilla Bolson Aquifer.