LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session February 27, 2001 TO: Honorable Clyde Alexander, Chair, House Committee on Transportation FROM: John Keel, Director, Legislative Budget Board IN RE: SB416 by Ogden (Relating to the authority of the Texas Department of Transportation in connection with the mitigation of an adverse environmental impact resulting from a state highway improvement project.), As Engrossed ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** The bill would amend the Transportation Code to allow the Texas Department of Transportation to pay a fee, if authorized by the applicable regulatory authority, to an appropriate public agency or private entity in lieu of acquiring or agreeing to manage property for the mitigation of an adverse environmental impact that is a direct result of a state highway improvement project. The agency estimates the cost difference between acquiring or agreeing to manage properties and paying fees to be insignificant. The bill would take effect immediately upon a vote of two-thirds of all the members elected to each house; otherwise, it would take effect September 1, 2001. Local Government Impact If the Texas Department of Transportation (TXDOT) chose to pay a local government agency a fee for mitigation of an environmental impact created by a state highway improvement project, the local agency would receive a revenue gain to offset the costs of the mitigation effort. If the fee paid by TXDOT were insufficient to fully cover this effort, the local government agency would have to pay the difference between the cost and the amount covered by fees received, which might be significant. Source Agencies: 601 Texas Department of Transportation, 302 Office of the Attorney General LBB Staff: JK, JO, CL, RT, MW, DB