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:
HB4803 by Maldonado (Relating to the creation of the South Fork Ranch Municipal Utility District; 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 8345 to create the South Fork Ranch Municipal Utility District (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, 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 five 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, if permanent directors on not elected within the given timeframe.
 
The District has the power of eminent domain limited to within the District for road projects or recreational facilities. The District has the authority for road projects. The District shall repair and maintain streets, at the District's expense, after the tenth anniversary of the effective date of this act. The District has the ability to levy a contract tax.
 
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 Williamson County. 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 along County Road 121, south of State Highway 29, north of US highway 79, northeast of Round Rock, and north of Hutto. The proposed district overlaps 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 the power of eminent domain limited to within the District for road projects or recreational facilities. The District has the authority for road projects. The District shall repair and maintain streets, at the District's expense, after the tenth anniversary of the effective date of this act. The District has 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: the Brazos River Authority, Jonah Water Special Utility District, and Certificate of Convenience and Necessity No. 10970 for Jonah Water Special Utility District.
 
5)  TCEQ's Supervision - As with general law districts, the TCEQ 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