LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

May 18, 2005

TO:	Honorable Kenneth Armbrister, Chair, Senate Committee on Natural Resources
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB1208 by Gattis (Relating to a limitation on the use of eminent domain by certain conservation and reclamation districts. ), Committee Report 2nd House, Substituted

No fiscal implication to the State is anticipated.

The bill would amend Section 54.209 of the Water Code to prohibit a municipal utility district from exercising the power of eminent domain outside the district boundaries to acquire a site for certain water and recreational facilities, for a trail on real property designated as a homestead, or an exclusive easement through a county regional park. The bill would amend Section 4.08, Chapter 1029, Acts of the Seventy-sixth Legislature, 1999, to specify that this prohibition under Section 54.209 would not apply to the North Harris County Regional Water Authority.

The bill would take effect immediately if it receives the required two-thirds vote in each house; otherwise, it would take effect September 1, 2005. Provisions of the bill would apply only to an act of eminent domain initiated on or after the effective date.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JOB, WK, DLBa