LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 4, 1997
TO: Honorable Patricia Gray, Chair IN RE: House Bill No. 1927, Committee Report 1st House, Substituted
Committee on Civil Practices By: Zbranek
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB1927 ( Relating
to nuisance actions under the civil practices and remedies code,
authorizing the recovery of attorney's fees providing for participation
in the enforcement of environmental laws.) this office has detemined
the following:
Biennial Net Impact to General Revenue Funds by HB1927-Committee Report 1st House, Substituted
Implementing the provisions of the bill would result in a net
negative impact of $(259,147) to General Revenue Related Funds
through the biennium ending August 31, 1999.
The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.
Fiscal Analysis
The bill would allow a person to recover reasonable attorney
fees for certain nuisance claims caused by air and water pollution.
The bill would permit participation by a person in the enforcement
of environmental laws, and allow a person to file a civil suit
in a court of the county of the alleged violation.
Methodolgy
Section 144.004 of the bill would require the attorney general
to assist local governments which bring enforcement actions
against the state. The bill as introduced allowed the attorney
general to provide the services "within the resource limits
of the office". The bill as amended, lifts this stipulation,
and the agency projects that it would be required to respond
to all requests for assistance which would require an additional
two attorney positions and related operating expenses.
The
bill provides that penalties awarded in actions brought about
by local governments be divided equally between the local government
and the state. Any penalty reimbursements to the state would
be credited to the General Revenue Fund.
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 Change in Number
Savings/(Cost) of State
from General Employees from
Revenue Fund FY 1997
0001
1998 ($131,292) 1.0
1998 (127,855) 1.0
2000 (127,855) 1.0
2001 (127,855) 1.0
2002 (127,855) 1.0
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 ($131,292)
1999 (127,855)
2000 (127,855)
2001 (127,855)
2002 (127,855)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
Local governments could benefit from penalties recovered in
enforcement actions.
Source: Agencies: 302 Office of the Attorney General
304 Comptroller of Public Accounts
LBB Staff: JK ,PE ,MS