LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 31, 1997
TO: Honorable Fred M. Bosse, Chair IN RE: House Bill No. 190
Committee on Land and Resource Management By: Turner, Bob
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB190 ( Relating
to prohibiting certain entities from condemning property in
certain circumstances.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by HB190-As Introduced
Implementing the provisions of the bill would result in a
net impact of $0 to General Revenue Related Funds through the
biennium ending August 31, 1999.
Fiscal Analysis
The bill would prohibit the state from using eminent domain
authority to condemn property for the purpose of offsetting
the adverse effect of land use in environmentally sensitive
areas as required by the federal government (i.e., environmental
mitigation).
The bill would require the Texas Department
of Transportation (TxDot) to avoid properties needed for environmental
mitigation purposes in highway construction projects. Because
the TxDot will not know whether it is prohibited from using
its powers of eminent domain to acquire properties needed for
environmental mitigation purposes until the time that an offer
to acquire property is made and a property owner chooses not
to sell, the possibility exists that a given highway project
would subsequently need to be reconsidered in its entirety in
order to comply with the provisions of the bill.
Methodolgy
Based on the number of recent highway construction projects
involving the use of eminent domain for the purpose of meeting
environmental mitigation requirements, the TxDot estimates that
it will incur additional preliminary design costs of approximately
$2 million annually to avoid properties which would otherwise
be subject to condemnation for the purpose of environmental
mitigation.
The probable fiscal implications of implementing the provisions
of the bill during each of the first five years following passage
is estimated as follows:
Five Year Impact:
Fiscal Year Probable
Savings/(Cost)
from State
Highway Fund
0006
1998 ($2,025,000)
1998 (2,025,000)
2000 (2,025,000)
2001 (2,025,000)
2002 (2,025,000)
Net Impact on General Revenue Related Funds:
The probable fiscal implication to General Revenue related funds
during each of the first five years is estimated as follows:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 $0
1999 0
2000 0
2001 0
2002 0
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
No fiscal implication to units of local government is anticipated.
Source: Agencies: 802 Parks and Wildlife Department
582 Natural Resources Conservation Commission
601 Department of Transportation
LBB Staff: JK ,BB ,ML