LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 12, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4770 by Eissler (Relating to the creation of the Montgomery County Water Control and Improvement District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), As Introduced

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 amends Subtitle I, Title 6, Special District Local Laws Code by adding Chapter 9041 to create Montgomery County Water Control and Improvement District No. 2 (District) as a special district under Section 59, Article XVI, Texas Constitution and Chapters 49 and 51, Water Code. The purpose of the District includes providing works and projects under powers conferred by Sections 59, Article XVI 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 does not name five temporary directors. The majority owners of the assessed land value inside the District may submit a petition requesting the 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 Montgomery County.  The 2007 State Water Plan projects Montgomery County to grow from 293,768 in 2000 to 417,692 in 2010 and continue to grow to 542,051 in 2020.  The County Other population for Montgomery County was 99,788 in 2000 and is projected to grow to 198,870 in 2020. 

 

2)     Location – The proposed district is located in southeastern Montgomery County, north of Humble and east of Spring.  The proposed district does not appear to overlap any known CCN boundaries. 

 

3)  Comments on Powers/Duties Different from Similar Types of Districts ŝuThe District will have the power of eminent domain limited to within the District for recreational facilities. The bill gives the District the ability to levy a contract tax.

 

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 Montgomery County is needed to complete overlapping services check. The district may overlap the following providers: Certificate of Convenience and Necessity (CCN) Nos. 11612 & 20952 for Quadvest Inc., Montgomery County Municipal Utility District (MUD) Nos. 71 and 69, Porter Special Utility District, Harris County Flood Control District, North Harris County Regional Water District, Port of Houston Authority, Coastal Water Authority, San Jacinto River Authority.

 

5)  TCEQ's Supervision - The TCEQ supervision is limited to review of the District's bonds to finance water, wastewater, or drainage facilities and financial reports required by the Water Code; otherwise, the District is not subject to TCEQ supervision

 

6)  Water Use – Within Montgomery County, over 98 percent of the total water used in 2004 was groundwater.  Of this, almost 97 percent was used for municipal purposes.  Groundwater in Montgomery County is pumped from the Gulf Coast Aquifer.  Water management strategies for Montgomery County include municipal conservation and drilling new groundwater wells.



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