LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION
 
March 3, 2003

TO:
Honorable Eddie Lucio, Jr., Chair, Senate Committee on International Relations and Trade
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
SB535 by Lucio (Relating to authorizing certain counties to regulate land development; providing a penalty.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend Title 7, Local Government Code, to authorize counties located within 50 miles of an international border to regulate land development in the unincorporated area of the county and would provide a penalty for violations of the regulations. The commissioners court in the authorized counties would be allowed to adopt regulations relating to lots, buildings, structures, and location, as well as adopt building codes. If the commissioners court were to adopt a residential building code, it must also adopt the International Residential Code as it existed on May 1, 2003 and establish procedures for administering and enforcing the code. Provisions of the bill would require that inspections be conducted by an inspector certified by one of four building code groups listed in the bill or be conducted by a licensed professional engineer.

The bill also outlines requirements that must be met by the person submitting an application for a permit before the commissioners court issues a building permit. The county would be allowed to collect a reasonable building permit fee to be deposited into the county's general fund and used only for administering the building permit program.

A penalty for violating the building codes would be a Class C misdemeanor, although a penalty could not be assessed if the owner-occupant is in a dwelling classified by the Texas Department of Housing and Community Affairs as a low-income household, unless the county provides a grant or loan to the owner-occupant to cure the violation. Repayment terms of the grant or loan could not cause the housing expenses to exceed 30 percent of the owner-occupant's net income.

The bill would take effect immediately if it receives two-thirds vote in each house; otherwise, it would take effect September 1, 2003. 


Local Government Impact

Counties that would choose to regulate residential land development in the unincorporated area of the county and adopt a residential building code would incur expenses associated with issuing permits and enforcing code compliance; however, the counties would be allowed to collect a fee to offset the costs of administering the permit program. Other costs would be to employ or contract with a certified inspector or a certified engineer to conduct inspections. If a county were required to provide a grant or a loan to an eligible owner-occupant who was in violation of the codes, the county would incur those costs until repayment by the owner-occupant is complete. If repayment is not forthcoming, the county would experience a revenue loss.

The negative fiscal impact would vary by county that regulates residential land development and that adopts a residential building code and would be significant only if the county makes loans or grants that are not repaid; otherwise, it is anticipated that the fiscal impact would be insignificant.



Source Agencies:
LBB Staff:
JK, EB, DLBa