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:
HB4800 by Gattis (Relating to the creation of the San Gabriel Municipal Utility District No. 1; 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 8396 to create San Gabriel Municipal Utility District No. 1 (District) with the powers and duties of a municipal utility district under Water Code Chapters 30, 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 names temporary directors. The majority owners of the assessed land value inside the District may submit a petition requesting the TCEQ appoint the five successor temporary directors listed in the petition.
 
The bill becomes effective on September 1, 2009.

1)  Population – The proposed boundaries are described in a very complex combination of Original Texas Land Surveys and metes and bounds, staff is currently unable to develop precise population estimates. However, based on the Original Texas Land Surveys mentioned in HB 4800 and the 2000 Census Blocks, the population in the 2000 census is estimated to be approximately 665 people. Population growth since 2000 in unknown.
 
According to the 2007 State Water Plan, Williamson County is projected to grow from 249,967 in 2000 to 352,811 in 2010 and to 476,833 in 2020. The county other population of Williamson County was 25,449 in 2000 and projected to be 16,269 in 2020.

2)  Location – The proposed district is located in central Williamson County, east of Georgetown and south of Weir along State Highway 29. While it is not possible to determine precise district boundaries, there is a potential overlap with the CCN boundaries of the Jonah Water Special Utility District.
 
3) Comments on Powers/Duties Different from Similar Types of Districts - The District has authority for road projects. The bill requires the District to pay for all street repairs and maintenance after September 1, 2019.  The District has powers and duties granted under Chapter 30, Water Code for regional waste disposal, but must have approval for a wastewater plant or be provided wastewater services by the Brazos River Authority. The District must also comply with the February 2005 agreement: Agreement Regarding Sewer Services Areas and Customers.
 
The District has the power of eminent domain limited to inside the District for road projects or 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 Williamson County is needed to complete overlapping services check.  The district may overlap the following providers: Certificates of Convenience and Necessity (CCN) No. 10970: Jonah Water Special Utility District, CCN No. 11977: Foster Consolidated Investment, and Williamson County Municipal Utility District No. 16.
 
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 Williamson County, almost 34 percent of the total water used in 2004 was groundwater. Of this, almost 89 percent was for municipal purposes. Groundwater in Williamson County is primarily pumped from the Edwards (BFZ) Aquifer.



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