LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
82ND LEGISLATIVE REGULAR SESSION
 
May 17, 2011

TO:
Honorable Allan Ritter, Chair, House Committee on Natural Resources
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3864 by Gooden (Relating to the creation of the Lazy W 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 Lazy W District No. 1 (District) of Henderson 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 1,111 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 Brushy Creek Water Supply Corporation (WSC), and Virginia Hill WSC.  In the 2011 Region C Water Plan, Brushy Creek WSC is projected to grow from 732 in 2000 to 837 in 2010 and 951 in 2020.  Virginia Hill WSC is projected to grow from 3,117 in 2000 to 3,131 in 2010 and 3,146 in 2020. Henderson County is projected to grow from 73,277 in 2000 to 80,019 in 2010 and 91,456 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 1.2 square miles, and will be located in southern Henderson County, to the southeast of the City of Athens and generally between State Highway 19 and United States Highway 175. The district overlaps portions of CCNs held by Brushy Creek WSC, and Virginia Hill WSC.

 

3)  Comments on Powers/Duties Different from Similar Types of Districts - The bill specifies that the District may not hold an election to confirm the District or elect the five permanent directors until all municipalities in which the District is located consent to the creation.  Current statutes require directors of districts to meet eligibility requirements.  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 five temporary directors for the District and that the TCEQ shall appoint the five persons named in the petition, regardless of eligibility.  The bill grants the District road powers and the powers and duties conferred to municipal utility districts under the Water Code.

 

The bill specifies that the District may not exercise the power of eminent domain outside of its boundaries; however, if the bill does not receive two-thirds vote of all members elected to each house, then the District may not exercise the power of eminent domain.  The bill specifies that the District may develop and manage parks, recreational facilities, and natural science laboratories and may promote the preservation of fish and other wildlife in the District.  The bill allows the District to undertake projects and services that confer a special benefit on all or a definable part of the District.  The bill specifies that the board may impose special assessments on property in that area, based on the benefit conferred by the project or service, to pay all or part of the cost of the project or service.

 

4)  Overlapping Services - The stated boundaries do not form an acceptable closure.  Additionally, 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 the County are needed to complete an overlapping services check.

 

The District may overlap Virginia Hills Water Supply Corporation (CCN No. 10852), Aqua Development (CCN No. 12902), and Brushy Creek Water Supply Corporation (CCN No. 11275). 

 

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 3864 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.” Therefore, it appears as though Lazy W 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 Henderson County, 50.3 percent of the total water use was groundwater (Carrizo-Wilcox, Nacatoch, Queen City, and other aquifers) in 2008.  Eighty 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