LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 20, 2001
TO: Honorable Fred M. Bosse, Chair, House Committee on Civil
Practices
FROM: John Keel, Director, Legislative Budget Board
IN RE: HJR22 by Wilson (Proposing a constitutional amendment
relating to certain claims against the state and agencies
of the state.), Committee Report 1st House, Substituted
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HJR22, Committee Report 1st House, Substituted: negative impact *
* of $(12,580,000) 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 $(12,580,000) *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2002 $(12,580,000) *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
*****************************************************
Fiscal Analysis
The resolution as substituted proposes a constitutional amendment to
abolish sovereign immunity for the state government in two specific
cases: the Texas A&M bonfire collapse and the Prairie View A&M van
crash. Persons could sue the state for damages incurred in those cases
and collect damage awards limited to $250,000 for each individual. The
election on the proposed amendment would be held November 6, 2001, and
actions authorized by the resolution must be filed by November 6, 2002.
Methodology
The estimated impact from passage of this resolution is projected to be
as much as $12,500,000. There were 11 individuals either killed or
injured in the Prairie View A&M van crash. If all affected parties sued
and collected maximum damages, the cost would be $2,750,000. There were
39 individuals either killed or injured in the Texas A&M bonfire
collapse. If all affected parties sued and collected maximum damages,
the cost would be $9,750,000.
In addition to the cost of any damages awarded, there would be a cost of
$80,000 to the state for publication of the resolution in fiscal year
2002.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 302 Office of the Attorney General, 307 Secretary
of State, 710 The Texas A&M University System, 715
Prairie View A&M University
LBB Staff: JK, TB, SC