LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 5, 2001
  
  
          TO:  Honorable Fred M. Bosse, Chair, House Committee on Civil
               Practices
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB862  by Dutton (Relating to the remedies available to a
               person to abate a public nuisance in a municipality.), As
               Introduced
  
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*  No fiscal implication to the State is anticipated.                    *
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Local Government Impact
  
The bill would allow a resident of a municipality to file a lawsuit
requiring a municipality to take remedial action against a public
nuisance within the municipality. If the court determines that a nuisance
and a threat to public health or welfare exists, there would be several
actions the court could require the municipality to take, including
filing a lawsuit against the person whose premise or use of the premise
constitutes the nuisance, purchasing the property on which the nuisance
is caused, or exercising eminent domain to acquire the property. The bill
would take effect September 1, 2001.

If a suit is brought against a municipality, the municipality would incur
legal costs in preparing and presenting its defense.  If the
municipality is court-ordered to take actions, additional costs would be
incurred for warning the person who uses the premise that creates the
nuisance or for filing a lawsuit against that person. If the municipality
prevails in a lawsuit against the person with the nuisance, the
municipality could recoup court costs.  If the municipality must purchase
the property or exercise eminent domain, it would incur the cost of the
acquisition and maintenance of the property. Those costs could be
partially recouped through reselling the property.

Because most costs could be recouped, it is not anticipated that there
would be a significant fiscal impact to units of local government.
  
  
Source Agencies:   
LBB Staff:         JK, TB, DB