LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session April 30, 1999 TO: Honorable Gary Walker, Chair, House Committee on Land & Resource Management FROM: John Keel, Director, Legislative Budget Board IN RE: HB 3700 by Shields (relating to notice of intent to use real property for a public purpose), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3700, Committee Report 1st House, Substituted: positive impact * * of $0 through the biennium ending August 31, 2001. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2000 $0 * * 2001 0 * * 2002 0 * * 2003 0 * * 2004 0 * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Savings/(Cost) from State * * Highway Fund * * 0006 * * 2000 $(165,000) * * 2001 (165,000) * * 2002 (165,000) * * 2003 (165,000) * * 2004 (165,000) * ***************************************************** Fiscal Analysis The bill would require governmental entities, including state agencies and political subdivisions, and non-profit corporations to send notices to residents or owners of real estate property any part of which is located within one-fourth mile of a boundary of the property that the entity intends to purchase, lease or use. Methodology According to the Texas Department of Transportation (TXDOT), TXDOT acquires approximately 1,300 parcels of land per year. TXDOT estimated that if 500,000 notices are sent by first class mail, the cost would be $165,000 per year. According to the General Land Office (GLO), GLO estimates that the costs of research and mailing for each acquisition could range from $2,000 to $10,000 for each acquisition or lease for a typical lot size. GLO, however, could not estimate the total increased costs per year due to the complexity of various projects. Local Government Impact Fiscal Analysis The bill could result in increased administrative and postage costs to units of local government with operations within the corporate limits of either the City of Houston or the City of Dallas. The costs would depend on the following factors: the number of properties that an entity would buy or lease; the number of properties upon which programs receiving governmental assistance an entity would operate; the resources necessary to create a database of property owners throughout the municipality for notification purposes; and the density of population within the area surrounding affected properties. In some cases, the increased administrative workload associated with notifying residents could require additional staff. There could also be costs associated with delays caused by the bill's requirement that notice be made at least 30 days before a transition. Fiscal Impact Dallas County estimates that the bill would result in increased postage costs of $70,000 to $80,000 per year. The City of Dallas estimates additional costs of $900,000 per year as a result of the bill's enactment. This estimate is based on transactions occurring on 900 to 1,000 parcels of land per year, with a notification cost of $1,000 per parcel. The City of Houston and Harris County both anticipate significant costs to implement the provisions of the bill, but neither entity could provide precise estimates of the costs. According to the Texas Higher Education Coordinating Board (THECB), THECB estimated the cost of notification would be $2,000 per transaction for local community college districts that lease office and classroom space and purchase property for expansion. Source Agencies: 302 Office Of The Attorney General, 332 Department of Housing and Community Affairs, 405 Department of Public Safety, 501 Department of Health, 655 Texas Department of Mental Health and Mental Retardation, 781 Higher Education Coordinating Board, 305 General Land Office and Veterans' Land Board LBB Staff: JK, DE, TT