LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
March 14, 2011

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB1757 by Rodriguez, Eddie (Relating to the creation of the Pilot Knob 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 creates Pilot Knob Municipal Utility District of No. 1 of Travis County (District).   

 

1)  Population –The very specific description of the proposed boundaries is in terminology which does not match Census geography, thus population can be estimated only for an area somewhat larger than the district will actually cover.  Population in this larger area, of which this district will only be a part, could be as high as 2,013 based on the 2000 Census.

 

Population growth in the specific area since the 2000 census is unknown.  However, a portion of the proposed district appears to lie within the CCN of Creedmoor-Maha Water Supply Corporation (WSC).  In the 2011 Region K Water Plan, the Travis County portion of Creedmoor-Maha WSC is projected to grow from 4,962 in 2000 to 5,962 in 2010 and 7,301 in 2020. 

 

2)  Location – The proposed district’s initial boundaries are described with a combination of Original Texas Land Surveys, Official Public Records of Travis County, Texas, and metes and bounds.  Due to the complexity of these boundaries for the various sub-areas of the district, staff is able to determine only the general location of the proposed district.

 

The proposed district’s area is approximately 0.53 square miles in southeastern Travis County, just south of the city limits of Austin and north of Mustang Ridge.  The proposed district is located along and directly to the west of US Highway 183, near where it intersects Farm to Market Road 1625.  The proposed district overlaps portions of a CCN held by Creedmoor-Maha WSC.

 

3)  Comments on Powers/Duties Different from Similar Types of Districts - The bill creates Pilot Knob Municipal Utility District No. 1 (District).  The bill specifies that the District may not hold a confirmation election until all municipalities of which the District is located consent to the creation.  Current statutes require directors of districts to meet eligibility requirements.  However, the bill specifies that on or after the effective date of the bill, the owner or owners of a majority of assessed valuation of the real property within the District may submit a petition to the Commission for the appointment of the five temporary directors for the District and that the Commission shall appoint the five persons named in the petition, regardless of eligibility.  The bill gives the District road powers.  The bill does not permit the District to exercise the power of eminent domain outside its boundary to acquire a site or easement for a road project or a recreational facility.  The bill specifies that a two-thirds majority vote required to finance road projects payable from ad valorem taxes.

 

4)  Overlapping Services - The stated boundaries for the District form an acceptable closure.  The stated boundaries for the District form an acceptable closure.  However, an area map containing at least two reference points (major road names, road intersections) and the proposed district’s geographic location mapped within Travis County is needed to complete overlapping services check.  The District may overlap City of Austin (CCN Nos. 113221 and 20636); Creedmor Maha WSC (CCN No. 11029); and Lower Colorado River Authority.

 

5)  TCEQ 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 - HB 1757 specifies that the “district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.”

 

Within Travis County, 7.7 percent of the total water use was groundwater (Trinity, Edwards BFZ, and other aquifers) in 2008. Ninety-three percent of the groundwater pumping was for municipal use. The water source that the district might pursue is unknown.



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