LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session March 8, 1999 TO: Honorable Frank Madla, Chair, Senate Committee on Intergovernmental Relations FROM: John Keel, Director, Legislative Budget Board IN RE: SB89 by Madla (Relating to municipal annexation.), As Introduced ************************************************************************** * No significant 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. * ************************************************************************** Local Government Impact A municipality could incur costs associated with the preparation of a three-year annexation plan, depending on whether the municipality would intend to annex territory in the future, the number of areas a municipality intends to annex, and the frequency with which the plan would be amended. Such planning costs would be incurred almost immediately upon enactment of the bill, since the bill requires that an annexation plan be adopted by December 31, 1999. There could be some costs to districts or other public entities providing services in areas proposed for annexation. These costs would result from the requirement that such entities provide information to municipalities including: an engineers report, expenditure data and service delivery information. The cost would depend on the amount of existing data could be used to submit to the municipality. The bill's provision requiring municipalities to provide full municipal services no later than two and one-half years after annexation, instead of the current requirement of four and one-half years, could result in increased costs to a municipality in the initial years of annexation. In some cases, the provision could make certain annexations less feasible, thereby reducing a municipality's ability to expand its tax base through annexation. Since the bill would give a municipality the burden of proving that services have been provided in accordance with a service plan, a municipality could incur additional legal costs when a writ of mandamus application is made. Municipalities and districts could incur administrative costs associated with the negotiations requirement in Section 43.0562 of the bill. These costs are not expected to be significant. However, in cases where such negotiations fail to reach an agreement, the municipality would incur costs of arbitration. A municipality could incur administrative costs associated with the community associations negotiation requirement, depending on the number of associations requesting negotiations with the municipality. Municipalities could incur costs associated with providing each person living or owning property in an area proposed to be annexed. The cost would depend on the number of persons living in the area and the method of notification. In some cases, upon disannexation, a municipality could incur costs associated with refunding property taxes and fees previously collected from the landowners of a disannexed area. If the amount of taxes and fees collected was more than the amount the municipality had spent in such areas, the municipality would be required to refund the difference to the land owners. Source Agencies: LBB Staff: JK, TL