LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 30, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4774 by Eiland (Relating to the creation of the Chambers County Improvement District No. 3; granting road powers; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.), Committee Report 1st House, Substituted

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 F, Title 6, Special District Local Laws Code by adding Chapter 8361 to create Chambers County Improvement District No. 3 (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, Texas Constitution and Article III, Section 52 and 52-a, Texas Constitution to benefit the property within the District. 

 

The District is subject to confirmation election to confirm the district and elect five permanent directors 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 District has the power of eminent domain limited to inside the District’s for road projects or recreational facilities. The District may be divided into two or more districts. The District has the authority to provide firefighting and emergency services and to levy a contract tax.

 

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

 

1)     Population - The proposed district is located in rural Chambers County. According to the 2007 State Water Plan, Chambers County is projected to grow from 26,031 in 2000 to 31,375 in 2010 and to 37,328 in 2020. The county other population of Chambers County was 3,841 in 2000 and is projected to be 3,728 in 2020.

 

2)     Location - The proposed district is located in Central Chambers County near the intersection of FM 565 and FM 3180 and north of Beach City.

 

3) Comments on Powers/Duties Different from Similar Types of Districts - The District has the power of eminent domain within the district except for road projects or recreational facilities and compliance with municipal consent ordinance or resolution. The District may be divided into two or more districts. The District has the authority of firefighting and emergency services, feasibility evaluation, elections regarding taxes or bonds, contract tax, operation and maintenance tax, authority to issue bonds and other obligations, taxes on bonds, bonds for road projects.

 

4) Overlapping Services - The stated boundaries form an acceptable closure.

 

5) TCEQ Supervision - The TCEQ's 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 Chambers County, almost 6 percent of the total water used in 2004 was groundwater. Of this, over 17 percent was for municipal purposes. Groundwater in Chambers County is pumped from the Gulf Coast Aquifer. Water management strategies for Chambers County include municipal conservation, new contracts from existing sources, new groundwater wells, and irrigation conservation.



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