LEGISLATIVE BUDGET BOARD
Austin, Texas
 
WATER DEVELOPMENT POLICY IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
March 22, 2019

TO:
Honorable Lyle Larson, Chair, House Committee on Natural Resources
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB1820 by Bailes (Relating to the creation of the Liberty County Drainage District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes; 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:

This bill creates Liberty County Drainage District (District) with the powers and duties of a standard drainage district under Water Code Chapters 49 and 56.

Population - HB 1820 states that the proposed district's territory is coextensive with the boundaries of Liberty County. The 2010 Census population for Liberty County was 75,643. The 2016 population estimate for the county was 81,377. Liberty County population projections adopted for the 2022 State Water Plan projects the population to grow to 86,303 in 2020 and 97,227 in 2030.
 
Location - The proposed district would be composed of Liberty County, which is approximately 1,176 square miles in southeast Texas, located northeast of the City of Houston, and northwest of the City of Beaumont.

Comments on Powers/Duties Different from Similar Types of Districts:
The bill specifies that if the creation of the District is confirmed, Liberty County Drainage District No. 4, Old River Drainage District 1-Liberty County, and Raywood Drainage District 2 shall transfer the assets, debts, and contractual rights and obligations of their district to the District; additionally, if the creation of the District is confirmed, the aforementioned districts shall commence dissolution proceedings of their district; the District is to be governed by a board of five directors that are appointed by the Commissioners Court of Liberty County; the bill repeals Chapter 52, Acts of the 57th Legislature, 1st Called Session, 1961, relating to the creation of Liberty County Drainage District Number Five; 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 - Within Liberty County, 59% of the total water use was supplied by surface water, and irrigation was the largest volume water use category comprising 57% of the county total water use in 2016.


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