LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
84TH LEGISLATIVE REGULAR SESSION
 
March 31, 2015

TO:
Honorable Doug Miller, Chair, House Committee on Special Purpose Districts
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3081 by Thompson, Ed (Relating to the creation of the Brazoria County Municipal Utility District No. 68; 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 creates the Brazoria County Municipal Utility District No. 68 (the "District") with the powers and duties of a standard municipal utility district under Water Code, Chapters 49 and 54.

 

Population - The very specific description of the proposed boundaries does not allow staff to develop precise population estimates. Based on the Original Texas Land Surveys mentioned in HB 3081, the population of the area in 2010 Census is estimated to be 210.

     

Population growth in the specific area since the 2010 census is unknown. The 2010 population estimate for areas of Brazoria County served by small systems or private wells ('County-Other') is 85,152. The Brazoria County-Other population projections approved for the 2016 Region H Water Plan projects the population to grow to 109,994 in 2020, 142,514 in 2030 and 173,919 in 2040.

 

Location - The Proposed districts initial boundaries are described with a combination of Original Texas Land Surveys, Brazoria County 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 proposed district's area is approximately 8.5 square miles in Northeast Brazoria County, located southeast of Alvin City, and to the north of Danbury City and Angleton. The proposed district could fall within S P Utility Company Certificate of Convenience and Necessity (CCN), and Bayou Shadows CCN. The proposed district is   adjacent to the east to several small water systems including; Briar Meadows, Savannah Plantation Subdivision, Oak Bend Estates, Mark V Estates, and Bayou Shadows Water System.

 

Comments on Powers/Duties Different from Similar Types of Districts:  The bill grants the District road powers; the bill grants the District levee improvement district powers underwater Code Chapter 57; the bill allows the District to divide; and 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.

 

Overlapping Services:  TCEQ does not have mapping information for water and/or wastewater providers because this function was transferred from the TCEQ to the Public Utility Commission on September 1, 2014.  As a result, TCEQ is unaware of possible overlapping service providers.

 

TCEQ's Supervision:  As with general law districts, the TCEQ will have general supervisory authority, including bond review authority and review of financial reports.

 

Water Use - HB 3081 specifies that "the district has the powers and duties provided by the general law of the state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution". 

      Within Brazoria County, 13 Percent of the total water use was groundwater (primarily Gulf Coast Aquifer) in 2012. Eighty-seven percent of all the groundwater pumping was for municipal use. The water source of the proposed district might pursue is unknown.



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