New annexation strategy

Limited purpose annexation was born out of the 1999 Texas Legislature, said Nicole Smothers, manager of the community sustainability division for the city of Houston. Through limited purpose annexation, cities and MUDs can split 1 percent of sales tax revenue in commercial areas where it is available, and the city agrees not to annex the districts for a period of time—usually 30 years.

Since the turn of the millennium, hundreds of MUDs across Harris County have entered into such agreements—by far the most of any region in the state.

“These water districts are being called on to provide services,” said Michael Cole, counsel for MUD No. 191 and the Fountainhead MUD. “You’re better able to serve the communities you represent through an additional revenue stream.”

Although utility districts receive property tax revenue and revenue through utility fees, MUDs would not be able to receive sales tax revenue without the help of LPAs.

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A MUD can spend the sales tax revenue on whatever that district was authorized to spend money on by the Texas Legislature, Smothers said, whether it is water and sewer infrastructure, parks and pathways, public safety or roads.

“[LPA] was seen as a way to bring revenue to this community for its development,” said Barbara Thomason, president of the Houston Northwest Chamber of Commerce. “What makes LPAs a challenge is there are so many of them. Cooperation and collaboration between them is a challenge.”

No Spring-area MUD has received more LPA funding than MUD No. 110 near I-45 and Cypresswood Drive. Maria Parker, counsel for MUD No. 110, said the district was created in 1968 and has found the added revenue helpful for replacing aging infrastructure.

“The neighborhood was getting older, and [the board members] thought if they entered into [an LPA agreement] with the city of Houston, they could come back in and pour that money into the community,” Parker said.

With more funding, Parker said MUD No. 110 has provided new parks and trails for residents. She said the revenue also allowed the district to contract with six officers from the Harris County constable’s office, which can cost upward of $400,000 a year.

“They’ve also been able to maintain a good tax rate,” Parker said. “[The district] lowered their tax rate over the years [and paid] off their debt early for infrastructure.”

City services

While the MUDs are spending money within their boundaries, the city of Houston is not required to spend any of the revenue within the region that is partially annexed.

However, Smothers said MUDs can negotiate with the city of Houston for the city to provide certain services, such as law enforcement, fire protection and the running of domestic animals, as long as the services are reasonable.

Most of the MUDs in Spring and Klein do not receive fire or law enforcement services as they are too far from the city.

Cole said sales tax revenue provided to the city also helps pay for infrastructure that residents of these districts outside Houston use, such as roadways.

“[Houston] used to be able to annex those areas,” Cole said. “It’s not really able to annex anymore. It had to come up with some strategy for supplementing that lost income.”

“The city does nothing for the money they receive, and it’s been a constant concern of mine. We have $6 million leaving District 126 every year to the city of Houston for nothing.”

- Rep. Patricia Harless, R-Spring

One piece of legislation being considered this session could change the funding formula for the strategic partnership agreements that accompany LPAs. House Bill 2389, co-authored by State Rep. Patricia Harless, R-Spring, would require both MUDs and cities to spend 50 percent of all funding from the agreements on infrastructure within the annexed districts.

“The city does nothing for the money they receive, and it’s been a constant concern of mine,” Harless said. “We have $6 million leaving District 126 every year to the city of Houston for nothing.”

Cole said he believes the MUDs and city would not have to provide funding for many of the infrastructure improvements if the county would increase property tax revenue to fund those improvements.

“It’s a little disingenuous [on the] part of the county to say they need the funds,” he said. “The county is basically not providing the services, and [it does not] have the political will to raise taxes by 1 or 2 cents to fund these services.”

Future of annexation

Although revenue from the LPA agreements continues to rise, the number of LPAs has plateaued with only two districts in Spring and Klein signing agreements with the city in 2013 and 2014 combined.

“We’ve had fewer [requests] in [recent] years from MUDs in part maybe because they exist where people have wanted them,” Smothers said. “The available sales tax also is a factor, as [Metropolitan Transit Authority of Harris County] takes 1 cent of the sales tax, and a lot of the [emergency services districts] through elections have taken the other cent.”

That could soon be the case in Klein, where ESD No. 16 held an election May 9 that would allow the district to receive the remaining 1 percent of sales tax revenue in areas that are not partially annexed by Houston.

The ESD—which works with the Klein Volunteer Fire Department—plans to spend the sales tax revenue on a new fire station in Gleannloch Farms, renovations to stations to allow for 24/7 service and to accommodate growth. Results of the election were unreleased as of press time.

Even if the region does not see changes to LPAs in the near future, Emmett said Houston and Harris County need to consider changes to how the two entities fund and provide services to county residents.

“MUDs were created to be a bridge in unincorporated areas that would eventually be annexed by the city,” he said. “If the city of Houston has no intention of annexing these areas, let’s find a way for the counties and MUDs to work together [to provide services].”