LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
April 27, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4786 by Weber (Relating to the creation of the Brazoria County Municipal Utility District No. 63; 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 F, Title 6, Special District Local Laws Code by adding Chapter 8365 to create Brazoria County Municipal Utility District No. 63 (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, 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 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 Brazoria County. The 2007 State Water Plan projects Brazoria County to grow from 241,767 in 2000 to 285,850 in 2010 and to 331,731 in 2020. The County Other population for Brazoria County was 65,266 in 2000 and is projected to grow to 69,005 in 2020.

2) Location – The proposed district is located in central Brazoria County near the City of Angleton. 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 has the power of eminent domain limited to inside the District for road projects or recreational facilities. The District may be divided into two or more districts. 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 Brazoria County is needed to complete overlapping services check.  The district may overlap the following providers: Brazoria County Drainage District (DD) No. 5, Brazoria County Municipal Utility District No. 44, Brazos River Authority, Port Freeport, West Brazoria County DD, Certificate of Convenience and Necessity (CCN) Nos. 11982 & 20682 for Orbit Systems Inc., and CCN No. 11612 for Quadvest LP.
 
5) TCEQ's Supervision - As with general law districts, the TCEQ's will have general supervisory authority, including bond review authority and review of financial reports. 
 
6)  Water Use – Within Brazoria County, around 6 percent of the total water used in 2004 was groundwater. Of this, almost 76 percent was for municipal purposes. Groundwater in Brazoria County is pumped from the Gulf Coast Aquifer.



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