LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 2, 1997 TO: Honorable Fred M. Bosse, Chair IN RE: House Bill No. 3082 Committee on Land and Resource Management By: Gray House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB3082 ( Relating to Erosion Planning and Response Act.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB3082-As Introduced No fiscal implication to the State is anticipated. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Contingent upon legislative appropriation for coastal erosion planning and response, the bill would provide the General Land Office (GLO) with the authority to carry out activities set out in the bill. This bill would repeal the current statutes on coastal erosion and create a new subchapter, the Coastal Erosion Planning and Response Act. This bill would create the Coastal Erosion Response Fund in the State Treasury to receive all money appropriated for the purposes of this bill and to receive money from other sources intended for erosion response activity. Use of the fund would be limited to activities relating to the cause and control of shoreline erosion. In addition, grants could be issued to local governments for erosion response activities. The bill would authorize the promulgation rules for erosion response within the coastal zone. The bill would provide for conducting, filing and public notification requirements for coastal boundary surveys. GLO would be required to submit a biennial report to the Legislature on coastal erosion planning and response activities. Landowner consent would be needed before erosion response activities are undertaken on private property or the Permanent School Fund (PSF) land. The bill would provide for immunity from lawsuits and liability to the state and the GLO rising from erosion response activities conducted; the bill would, however, provide for judicial review of rights affected by certain erosion response activities. The bill would require proof of claim when a person claims title to PSF land as a result of certain changes within the coastal zone. The bill would provide for corrections in local tax rolls for instances when property becomes submerged due to erosion and title to land is vested from a landowner to the Permanent School Fund. The bill would become effective immediately. Contingent upon appropriation to the GLO for erosion response activities, the bill would allow local governmental entities to apply for and receive grant funding to conduct erosion response activities. The bill would allow a local government to use grant funding as a match in seeking other funding. The GLO, may however, establish cost share requirements for any proposed project or grant. Local governments may lose certain property from their tax rolls to the PSF if the property becomes submerged due to erosion. Source: Agencies: 304 Comptroller of Public Accounts 305 General Land Office and Veterans' Land Board LBB Staff: JK ,BB ,NT