LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                               May 19, 2001
  
  
          TO:  Honorable Clyde Alexander, Chair, House Committee on
               Transportation
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB1128  by Bernsen (Relating to landscaping and
               billboards along highways; imposing a civil penalty.), As
               Engrossed
  
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*  No significant fiscal implication to the State is anticipated.        *
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The bill would amend the Transportation Code to require the Texas
Department of Transportation (TxDOT) to consider certain factors when
developing transportation projects involving the construction,
reconstruction, rehabilitation, or resurfacing of a highway other than a
maintenance resurfacing project.  TxDOT would be required to spend no
less than $6 million annually for the installation and maintenance, for
functional and aesthetic design purposes, of highway landscape
improvements.  The bill would allow TxDOT to accept gifts, grants, and
contributions from private and other sources and would require that the
use of any gifts and grants would be subject to limitations for that gift
or grant.  The bill would prohibit "off-premise" signs on certain
highways or portions of highways and would establish guidelines and
requirements for the re-erection, reconstruction, repair, and rebuilding
of those signs.

The bill would establish a civil penalty for violations in an amount
between $500 and $1,000 for each violation.  The bill would allow the
Attorney General, a district or county attorney, or a municipal attorney
to file a suit and collect a penalty.  All penalties collected by the
Attorney General would be deposited to the credit of the State Highway
Fund for the purposes of landscaping expenditures.

No significant impact is anticipated because TxDOT currently allocates
approximately $6 million annually for similar purposes.

The bill would take effect September 1, 2001.
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   304   Comptroller of Public Accounts, 601   Texas
                   Department of Transportation
LBB Staff:         JK, JO, DB, RT, MW, DW