LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
81ST LEGISLATIVE REGULAR SESSION
 
May 3, 2009

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB4817 by Gattis (Relating to the creation of the Goodwater Municipal Utility District No. 1; providing authority to impose taxes 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 (TWDB) and the Texas Commission on Environmental Quality (TCEQ), has determined that: 
 
The bill amends Subtitle X,  Title 6, for Special District Local Laws Code Chapter 11004 to create Goodwater Municipal Utility District No. 1 (District) with the powers and duties of a Library district, and 11004.113 gives the district Development Corporation powers.  Subchapter D, Section 11004.154 is added providing the authority for a Hotel Occupancy Tax.  Lastly, the bill adds to the district powers all of Subchapter F, Sales and Use Tax. 
  
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 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 north-central Williamson County, near the intersection of State Highway 195 and County Road 147, north of Georgetown, and southwest of Jarrell. The proposed district overlaps the boundaries of the Chisholm Trail 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 divide into two or more contiguous districts and the ability to levy a contract tax.
 
4) Overlapping Services - The stated boundaries do not form an acceptable closure on tract 2.  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) Nos. 12369 and 20286: City of Georgetown, CCN No. 11590: Chisholm Trail Special Utility District, Brazos River Authority.
 
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:
580 Water Development Board, 582 Commission on Environmental Quality
LBB Staff:
JOB, CL