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 Midlothian Municipal Management District No. 2 Defined Area (1,168.96 acres) in Ellis County.   

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 7,802 based on the 2000 Census.

Population growth in that specific area since the 2000 census is unknown; however, the majority of the proposed district is within the City of Midlothian and Sardis-Lone Elm Water Supply Corporation (WSC).  In the 2011 Region C Water Plan, the City of Midlothian was projected to grow from 7,480 in 2000 to 16,500in 2010 and 33,000 in 2020.  Sardis-Lone Elm WSC was projected to grow from 6,215 in 2000 to 12,036 in 2010 and 16,036 in 2020.  Ellis County was projected to grow from 111,360 in 2000 to 169,514 in 2010 and 233,654 in 2020.

2)  Location – The proposed district’s initial boundaries are described in a combination of Original Texas Land Surveys 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 1.8 square miles, and will be located in northwestern Ellis County, largely within the City of Midlothian. The district overlaps portions of CCNs held by the City of Midlothian and Sardis-Lone Elm WSC.

3)  Comments on Powers/Duties Different from Similar Types of Districts - The bill states that Chapter 49.052 of the Water Code does not apply.  Further, the bill gives the defined area road powers; however, current statutes do not allow MMDs to have road powers.

4)  Overlapping Services – The District comprises three tracts.  The stated boundaries for the District form an acceptable closure for tract 1 and tract 2, but not for tract 3. 

All tracts of the District may overlap the City, Sardis Lone Elm Water Supply Corporation, Midlothian Water District, and the Trinity River Authority.  However, tract 1 also overlaps Ellis County Water Control and Improvement District No. 1.

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 3852 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” and “The district may not engage in the business of wholesale or retail sale of potable water or the wholesale or retail collection and treatment of wastewater.”  Hence, it appears as though Midlothian Municipal Management District No. 2 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 Ellis County, 37 percent of the total water use was groundwater (Nacatoch, Woodbine, and other aquifers) in 2008.  Seventy-three percent of the groundwater pumping was for municipal use.  The water source that the district might pursue is unknown.