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 North Fort Bend County Improvement 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 only be estimated for the area. Population in the county-other areas (as defined in the 2011 Region H Water Plan), of which this district will only be a part, could be as high as 38,168 based on the 2000 Census.

The proposed district may overlap the following districts: the City of Beasley, City of Katy, City of Richmond, City of Rosenberg, City of Sugar Land, and Orbit Systems Inc. In the 2011 Region H Water Plan, the City of Beasley was projected to grow from 590 in 2000 to 701 in 2010 and 815 in 2020.  The City of Katy is projected to grow from 889 in 2000 to 1,548 in 2010 and 2,072 in 2020. The City of Richmond is projected to grow from 11,081 in 2000 to 13,493 in 2010 and 14,212 in 2020. The City of Sugar Land is projected to grow from 63,283 in 2000 to 83,819 in 2010 and 101,422 in 2020. Orbit Systems Inc. is projected to grow from 144 in 2000 to 163 in 2010 and 183 in 2020. Fort Bend County is projected to grow from 310,242 in 2000 to 550,121 in 2010 and 719,737 in 2020.

2)  Location – The proposed district’s initial boundaries are described in terms of plat maps.  Due to the complexity of these boundaries for the various sub-areas of the district, staff is able to determine able to determine only the general location of the proposed district.

The district may overlap portions of CCNs held by City of Beasley, City of Katy, City of Richmond, City of Rosenberg, City of Sugar Land, and Orbit Systems Inc.

3)  Comments on Powers/Duties Different from Similar Types of Districts - The bill specifies that all or part of the District's area is eligible to be included in a tax increment reinvestment zone, a tax abatement reinvestment zone, an enterprise zone, or an industrial district.  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 TCEQ for the appointment of the initial five voting directors for the District and that the TCEQ shall appoint the five persons named in the petition, regardless of eligibility.  The bill specifies that by board resolution, the board may change the number of voting directors; however, the board may not consist of fewer than 5 or more than 15 voting directors.  The bill allows the voting directors to appoint non-voting directors.  The bill specifies that the Water Code governs the annexation or exclusion of the land into or out of the District.   The bill specifies that the District may not exercise the power of eminent domain.  The bill specifies that the District may not finance a service or improvement project with assessments unless a written petition requesting that service or improvement has been filed with the board.  The bill allows the District to establish defined areas.

4)  Overlapping Services - There is insufficient information to determine if the boundaries of the District form an acceptable closure or if the District overlaps other service providers.  A metes and bounds description (preferably with the source Abstract listed) and an area map containing at least two reference points (major road names, road intersections) and the District’s geographic location mapped within Fort Bend County are needed. 

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 3834 specifies that “The district has the powers provided by the general laws relating to conservation and reclamation districts created under Section 59, Article XVI, Texas Constitution, including Chapters 49 and 54, Water Code”.  Hence, it appears as though Fort Bend County Improvement District No. 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 Fort Bend County, 53 percent of the total water use was groundwater (Gulf Coast aquifer) in 2008.  Eighty-four percent of the groundwater pumping was for municipal use.  The water source that the district might pursue is unknown.