LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session February 12, 2001 TO: Honorable Clyde Alexander, Chair, House Committee on Transportation FROM: John Keel, Director, Legislative Budget Board IN RE: HB682 by Hawley (Relating to the preservation of rail facilities by the Texas Department of Transportation.), As Introduced ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** The bill would amend current law by adding Article 6550c-2 in Civil Statute which would create the Abandoned Rail Account as a dedicated account in the State Highway Fund No. 006 for the purpose of appropriating available funds only to the Texas Department of Transportation to implement the provisions of the bill. The bill would require that any federal funds received that may be used for the purposes of the bill, state funds appropriated for this bill's purpose, proceeds from the sale or conveyance of any state-owned rail facilities, payments for the use of any state-owned rail facilities, contributions by any entity, and any accumulated interest or other income earned on funds in the account be deposited to the credit of the account. The bill would also exempt the account from any law relating to the abolition of funds or accounts in the State Treasury, or that relate to the abolition of dedications or rededications of revenue in the State Treasury. No significant fiscal implication to the State is anticipated since all federal funds currently received by the department are not eligible for the purposes of the bill and the department currently does not expect the eligibility of those federal funds to expand in the future. However, under the provisions of the bill, any future federal funds received that would be eligible for the purposes of the bill would have to be deposited to the credit of the account regardless of any eligibility for other transportation funding purposes. Similarly, any future appropriations made from state funds to the account could not be used for purposes other than those defined in the bill. The bill would take effect September 1, 2001. Local Government Impact At this time, the department is not aware of any specific acquisitions, operating agreements, leases, or conveyances that may occur in accordance with the provisions of the bill during fiscal years 2002 through 2005, so no significant fiscal implication to units of local government is anticipated. In accordance with the provisions of the bill, if the department enters into an agreement for use of a rail line with a governing body of a public agency, municipality, county or other political subdivision or purchases right-of-way or other interest in real property, the public agency, municipality, county or other political subdivision would realize a revenue gain. Similarly, any sale of all or part of a state-owned rail facility to a public agency, municipality, county or other political subdivision by the department would result in a cost to that entity. Also, the bill would allow the governing body of a public agency, municipality, county or other political subdivision to convey to the department without advertisement, title to, or a right in property which would result in a loss of property but may not result in a significant revenue gain or loss. The bill would also allow the department to require a utility to relocate the utility's facilities, lines, or equipment at the utility's expense to allow for the expansion or relocation of rail facilities owned by the state. Source Agencies: 601 Texas Department of Transportation, 304 Comptroller of Public Accounts LBB Staff: JK, JO, RT, MW