LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 25, 2001 TO: Honorable Gary Walker, Chair, House Committee on Land & Resource Management FROM: John Keel, Director, Legislative Budget Board IN RE: HB2684 by Kuempel (Relating to the condemnation authority of the Texas Department of Transportation.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB2684, As Introduced: positive impact of $0 through the biennium * * ending August 31, 2003. * * * * 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 * * 2002 $0 * * 2003 0 * * 2004 0 * * 2005 0 * * 2006 0 * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Savings/(Cost) from State * * Highway Fund * * 0006 * * 2002 $(1,950,000) * * 2003 0 * * 2004 (1,950,000) * * 2005 0 * * 2006 (1,950,000) * ***************************************************** Fiscal Analysis The bill would amend the Transportation Code to prohibit the Transportation Commission from condemning any property that belongs to a permittee or subpermittee under a Federal Fish and Wildlife permit and that is part of a habitat conservation plan to restore or manage an endangered species. The bill would take effect September 1, 2001. Methodology The Texas Department of Transportation (TxDOT) estimates that dredging disposal costs would increase by approximately $1.95 million every other year for required dredging activities along the Gulf Intercoastal Waterway (GIW) above Corpus Christi as a result of TxDOT being unable to obtain land for upland disposal sites in this area. The department estimates that approximately 330,000 cubic yards of dredge material would have to be removed every other year by pumping it offshore to the Gulf at a cost of $10 per cubic yard. Appropriations for TxDOT have included $1.35 million in the first year of each biennium since fiscal year 1998. TxDOT currently uses an open water disposal method for material collected through dredging along the GIW below Corpus Christi every three years and this analysis assumes that this practice will continue. TxDOT reported that a federal study is in progress to determine if open water disposal in the GIW may continue after fiscal year 2001. If TxDOT is prohibited from using open water disposal, the department estimates that dredging disposal costs would increase by approximately $30 million every third year as a result of TxDOT being unable to obtain land for upland disposal sites in this area. The department assumes the bill would require approximately 1 million cubic yards to be moved offshore to the Gulf by barge at a cost of $30 per cubic yard. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 601 Texas Department of Transportation LBB Staff: JK, CL, MW