LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATURE 1st CALLED SESSION - 2005

June 30, 2005

TO:	Honorable Robert Duncan, Chair, Senate Committee on State Affairs
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	SJR9 by Janek (Proposing a constitutional amendment to prohibit the taking of private property for the purpose of economic development.), As Introduced

Fiscal implications to the state, other than the cost of publication, cannot be determined.

The cost to the state for publication of the resolution is $66,497.

The resolution would propose an amendment to the Texas Constitution to prohibit the taking of private property for the purpose of economic development.

Based on the analysis of the Texas Department of Transportation (TxDOT), it is assumed that the constitutional amendment could affect the state's use of eminent domain for transportation-related purposes.

The proposed constitutional amendment would take effect if approved by voters at an election to be held November 8, 2005.

Local Government Impact

The fiscal impact to units of local government cannot be determined. Based on the analysis of TxDOT, it is assumed the constitutional amendment could affect local entities' use of eminent domain for transportation-related purposes. It is assumed other uses of eminent domain by local entities also could be affected.

Source Agencies:

601 Department of Transportation

LBB Staff:

JOB, SR, MW, TG