TO:	Honorable Juan Hinojosa, Chair, Senate Committee on Intergovernmental Relations
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	SB1841 by Taylor (Relating to the creation of the Harris County Water Control and Improvement District No. 161; granting the power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.), 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:
 
Senate Bill 1841, as authored by Representative Taylor, would create Harris County Water Control and Improvement District No. 161 (District) with the powers and duties of a standard water control and improvement district under Water Code Chapters 49 and 51, with minor deviations from the standard powers and duties. 
 
1)    Population - The very specific description of the proposed boundaries within Original Texas Land Survey abstracts allows only for a general estimate of resident population.  The combined population of the 2010 census blocks at the intersection of the three abstract is approximately 996.  Population growth in that specific area since the 2010 census is unknown. However, the City of Pasadena, of which part of the described are is a part is projected to grow from 141,674 in 2000 to 161,678 in 2010 and 181,156 in 2020.  The 2010 census estimate for the City of Pasadena was 149,043.
 
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 initial district area is approximately 412 acres and is located in southeastern Harris County near the border of the City of Houston and the City of Pasadena.  The proposed district overlaps the Clear Lake City Water Authority.
 
3) Comments on Powers/Duties Different from Similar Types of Districts -  The bill grants the District road powers, thereby allowing the District to issue bonds or other obligations and levy a tax to finance road projects.  The bill allows the District limited eminent domain powers, similar to municipal utility districts.  The District may not exercise its eminent domain power outside the District to acquire: (1) a site for a water or wastewater treatment plant; (2) a recreational facility; (3) an easement through a county regional park; or (4) an easement for a road project.  Additionally, if the bill does not receive a two-thirds vote of all the members elected to each house, the district may not exercise the power of eminent domain.
 
4) Overlapping Services - The stated boundaries form an acceptable closure. Based on current TCEQ records, the District may overlap the following service providers: Harris Co WCID 156, Clear Lake City WA, Coastal WA, Gulf Coast Waste Disposal Authority, Harris Co FCD, and Port of Houston Authority.
 
5) TCEQ's 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 - Within Harris County, 36 percent of the total water use was groundwater (Gulf Coast aquifer) in 2010.  Seventy two percent of the groundwater pumping was for municipal use.  Future water use would be expected to place more emphasis on surface water to meet subsidence district goals.