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 Jefferson County Management District No. 1 (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 1,788 based on the 2000 Census.

Population growth in that specific area since the 2000 census is unknown; however, a portion of the proposed district is within the City of Port Arthur.  Based on the 2011 Region I Water Plan, the population of Port Arthur is projected to remain at 57,755 from 2000 through 2020. Jefferson County is projected to grow from 252,051 in 2000 to 259,700 in 2010 and 270,686 in 2020.

2)  Location – The proposed district’s initial boundaries are described in a combination of Original Texas Land Survey 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 district’s area is approximately 1.7 square miles, and will be located in eastern Jefferson County.  The district overlaps portions of CCNs held by the City of Port Arthur.

3)  Comments on Powers/Duties Different from Similar Types of Districts - 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 navigation district powers and road and rail powers.  The bill specifies that the Water Code governs the annexation and exclusion of property within the District.  The District does not have the power of eminent domain.  The bill specifies that the District may not finance a service or an improvement with an assessment unless a petition is filed with the board requesting the service or improvement.  The Local Government Code governs the District’s elections for imposing an ad valorem or sales tax and the issuance of bonds payable from ad valorem taxes; however, the Water Code governs the District’s contract taxes.  The bill allows the District to establish defined areas.

4)  Overlapping Services - 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 District’s geographic location mapped within Jefferson County is needed to complete overlapping services check.   

The District overlaps the City of Port Arthur, Port of Port Arthur Navigation District, Sabine-Neches Navigation District of Jefferson County, Jefferson County Drainage District No. 7, and Lower Neches Valley 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 2296 specifies that “The district has the powers and duties provided by the general law of this state under Section 59, Article XVI, Texas Constitution…and provide for water facilities, wastewater facilities, drainage facilities, canals, waterways…” Therefore, it appears as though Jefferson County Management District Number 1 would serve to accomplish the conservation and development of natural resources, including the control, storing, preservation and distribution of storm and flood waters, the waters of rivers and streams, for irrigation, power and all other useful purposes, among other duties specified in Section 59, Article XVI of the Texas Constitution. 

Within Jefferson County, 4.5 percent of the total water use was groundwater (Gulf Coast) in 2008.  Eighty-one percent of the groundwater pumping was for municipal use. The water source that the district might pursue is unknown.