LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
May 2, 2013

TO:
Honorable Troy Fraser, Chair, Senate Committee on Natural Resources
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
SB1915 by Campbell (Relating to the creation of the Comal County Water Improvement District No. 3; granting a limited 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:

 

The bill would create Comal County Water Improvement District No. 3 (District) with the powers and duties of a municipal utility district under Water Code Chapters 49 and 54, with minor deviations from the standard powers and duties. 

 

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 464 based on the 2010 Census.  Population growth in that specific area since the 2010 census is unknown. However, the City of New Braunfels, which is just southwest of the proposed district, was projected to grow from 36,494 in 2000 to 46,909 in 2010 and 60,186 in 2020.  The 2010 census estimate for the City of New Braunfels was 57,740.

 

2)  Location: The proposed district's initial boundaries are described in a combination of Original Texas Land Surveys, Comal County deed records,  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 1,414 acres and is located in extreme southeastern Comal County to the east and along Interstate 35 and northwest of the City of New Braunfels.  The proposed district may overlap portions of the CCN held by Crystal Clear Water Supply Corporation.

 

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 to divide if it has no outstanding bonded debt and is not imposing ad valorem taxes.  If the bill does not receive a two-thirds vote of all members elected to each house, the District may not exercise the power of eminent domain.

 

4) Overlapping Services:  Based on current TCEQ records, the District may overlap the following service providers: Canyon Regional Water Authority; and Guadalupe-Blanco River Authority; City of New Braunfels, CCN Nos. 10677 and 20282; and Crystal Clear Water Supply Corporation, CCN No. 10297.

 

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: SB 1915 specifies that "The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution."

 

      Within Comal County, 53 percent of the total water use was groundwater (Edwards BFZ and Trinity aquifers) in 2010.  Fifty two percent of the groundwater pumping was for municipal use. 



Source Agencies:
580 Water Development Board, 582 Commission on Environmental Quality
LBB Staff:
UP, SZ