LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 24, 1997
         
         
      TO: Honorable Fred M. Bosse, Chair            IN RE:  House Bill No. 2363, Committee Report 1st House, Substituted
          Committee on Land and Resource Management                              By: Hilbert
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB2363 ( Relating 
to the provision of services in certain annexed areas.) this 
office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB2363-Committee Report 1st House, Substituted
         

No fiscal implication to the State is anticipated.
         
Neither the changes to public hearing requirements proposed 
by the bill nor the costs to municipalities associated with 
preparing more detailed service plans are expected to result 
in significant fiscal impacts.   

Requiring municipalities 
to provide full municipal services to annexed areas within two 
years would, in some cases, require a municipality to make capital 
outlays within a shorter time frame than required by current 
law, thereby increasing the amount of interest a municipality 
would pay over the life of a capital improvements project.  
In some cases, this shortened time frame would render certain 
annexations unfeasible, since major capital improvement projects 
often require more than two years of construction.
 
Municipalities 
could see increased costs associated with providing services 
equal to or better than those existing before annexation, depending 
on the nature of services provided and the municipality's determination 
of the necessity of such services.  For example, if a municipality 
which normally provides solid waste collection services only 
once per week annexed an area with collections twice weekly, 
the municipality would be required to make additional allocations 
in the newly annexed area to maintain previous levels of service.

The 
requirement that an annexation service plan provide for the 
same services as provided before annexation by any entity could, 
in some cases, result in significant negative fiscal implications, 
depending on the type of service that would need to be provided. 
 In some cases, this could render certain annexations which 
would otherwise yield net revenues to a municipality cost-prohibitive. 
 Likewise, the removal of the exceptions for providing fewer 
or lower levels of service to areas with unique land uses, topography 
and densities could increase the cost of annexing outlying areas, 
since such areas would require the same services as any other 
section of the municipality.  For example, this could require 
that a municipality provide a low-density residential area with 
the same level of street lighting as provided in a municipality's 
central business district.  It could also require that water 
and sewer service be provided to areas where, due to topography 
or density, the provision of such services would be determined 
to be cost-prohibitive. 

The bill's requirement that an outside 
engineer prepare a cost estimate for implementation of a municipality's 
service plan could result in significant costs to a municipality, 
depending on the detail and use of additional consultants such 
a study would require for a particular area.

There could 
be some costs associated with performance bonding requirements 
to ensure the implementation of an annexation plan.  This cost 
would depend on the cost of infrastructure included in the plan. 
 The City of Corpus Christi estimates that the fee for such 
a bond would cost 1.5 percent of costs covered by the performance 
bond.

The cost associated with a municipality paying a service 
provider whose property is condemned or rendered useless by 
the municipality after annexation would depend on whether a 
municipality chose to utilize all equipment and property of 
such previous service providers, and the value of such property. 
 In cases where a municipality determined that substantial portion 
of such property was not needed, the cost to municipalities 
could be substantial. 

There would be some cost associated 
with mailing notice of intent to begin arbitration on the question 
of service plan deficiency, if a municipality receives a petition 
claiming the service plan is deficient, but the municipality 
disagrees with the claim.   Because it would require signatures 
from only 10 percent of voters in an area to be annexed to validate 
a petition on the question of service plan deficiency, it is 
possible that a municipality would be required to submit the 
question to an arbitration panel on a majority of annexation 
proposals.  This could add administrative costs to such annexations.

The 
bill requires that:  an account be created in the municipal 
treasury for each area a municipality annexes; at least 50 percent 
of property tax revenues collected from the annexed area be 
deposited into such an account; and such funds be used only 
for purposes which directly benefit the area.  This would entail 
additional accounting costs for municipalities, which would 
increase with each additional annexation, since such accounts 
would have to be maintained and administered indefinitely, even 
for annexed areas which produce relatively insignificant amounts 
of revenue from property taxes.

Any decision by an arbitration 
panel ordering an area disannexed would have significant negative 
fiscal implications to the municipality ordered to disannex, 
since the bill would require such a municipality to pay $25,000 
per day for each day the municipality is found to have failed 
to perform its service plan obligations.

A municipality's 
ability to expand its tax base through annexation could be severely 
limited by this bill.  The City of Austin anticipates that, 
overall, this bill would have the effect of rendering any future 
annexations cost-prohibitive. 
         
 
          
   Source:            Agencies:   
                                         
                      LBB Staff:   JK ,BB ,TL