LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 16, 2001 TO: Honorable Clyde Alexander, Chair, House Committee on Transportation FROM: John Keel, Director, Legislative Budget Board IN RE: SB1809 by Zaffirini (Relating to the issuance of permits for the operation of oversize and overweight vehicles on certain highways by the City of Laredo and by the City of El Paso; providing penalties.), As Engrossed ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB1809, As Engrossed: 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 Probable Savings/(Cost) from Probable Revenue Gain/(Loss) * * Year State Highway Fund from State Highway Fund * * 0006 0006 * * 2002 $(16,282,560) $1,115,625 * * 2003 (162,825,600) 1,160,250 * * 2004 0 1,227,188 * * 2005 0 1,294,125 * * 2006 0 647,866 * *************************************************************************** Fiscal Analysis The bill would amend the Transportation Code to allow the Texas Department of Transportation (TxDOT) to authorize the cities of Laredo and El Paso to issue permits for the movement of oversize or overweight vehicles carrying cargo on certain roads and bridges. The bill would prohibit TxDOT from authorizing the issuance of a permit for the movement of cargo with a gross weight of more than 125,000 pounds in Laredo and 120,000 in El Paso. The bill would require permits to include certain information and to specify the time in which movement authorized by the permit is allowed. The bill would also require the cities of Laredo and El Paso to report all permits issued under the bill to TxDOT. The bill would allow the city of Laredo to retain 15 percent of permit fees collected to defray administrative expenses and would require the remaining 85 percent to be deposited to the credit of the State Highway Fund to be used for the maintenance of certain state highways in accordance with the provisions of the bill. The bill would allow permit fees collected by the city of El Paso to be used only by the city of El Paso to fund the maintenance of certain state highways in accordance with the provisions of the bill. The bill would also provide that the permit fee would be the same as the permit fee issued by TxDOT for oversize or overweight vehicles under Chapter 623 of the Transportation Code. The bill would prohibit movement authorized by a permit from exceeding the lesser of the posted speed limit or 55 miles per hour and would make an offense under the provisions of the bill a Class C misdemeanor and a moving violation. The bill would authorize the Department of Public Safety to enforce the provisions of the bill. The bill would take effect September 1, 2001 and the provisions of the bill would expire March 1, 2005. Methodology For the purposes of this analysis, TxDOT estimates an average replacement cost of $645,000 per lane mile. TxDOT estimates that 4 lanes of road for 17.8 miles on FM 1472 in Laredo would have to be replaced within 18 months of the first issuance of the permits due to the road's current condition. TxDOT estimates that replacement costs of approximately $4.5 million for preliminary design and engineering in fiscal year 2002 and approximately $45.9 million in fiscal year 2003 would be realized in Laredo with the implementation of the bill. TxDOT estimates that 181.28 road miles on certain international bridges, ports of entry, and highways in El Paso would have to be replaced with 12 inch concrete in 18 months of the first issuance of the permits due to the road's current condition. TxDOT estimates that replacement costs of approximately $11.6 million for preliminary design and engineering in fiscal year 2002 and approximately $116.9 million in fiscal year 2003 would be realized in El Paso with the implementation of the bill. TxDOT estimates that 50 trucks in Laredo and 200 in El Paso would purchase these permits each day for 250 days in fiscal year 2002 and that the permit fee would be $105, which is currently the average permit fee for overweight vehicles at the Port of Brownsville. For the purposes of this analysis, it is estimated that the number of days and fee would remain constant throughout fiscal year 2005, that there would be 119 days in fiscal year 2006 due to the expiration date, and that number of permits would increase by approximately 4 percent in fiscal year 2003 and by approximately 5 percent in each following year through March 1, 2005. Under the provisions of the bill, 85 percent of the permit fees collected in Laredo would be deposited to the credit of the State Highway Fund and 100 percent of the permit fees collected in El Paso would be retained by the city of El Paso. No significant fiscal implication is anticipated for DPS. Local Government Impact It is estimated that the city of Laredo would realize a positive impact of approximately $200,000 each year through fiscal year 2005 from retaining 15 percent of the collected fees. It is estimated that the amount would decrease to approximately $114,000 in fiscal year 2006 with the expiration of the provisions of the bill. It is also estimated that the city of El Paso would realize a positive impact of approximately $5.2 million in fiscal year 2002 and that this amount would increase by approximately 4 percent in fiscal year 2003 and by approximately 5 percent in each following year through March 1, 2005, from retaining 100 percent of the collected fees. It is estimated that the amount would decrease to approximately $3.0 million in fiscal year 2006 with the expiration of the provisions of the bill. Source Agencies: 601 Texas Department of Transportation, 304 Comptroller of Public Accounts LBB Staff: JK, JO, RT, MW