LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

February 24, 2005

TO:	Honorable Phil King, Chair, House Committee on Regulated Industries
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB1227 by King, Phil (Relating to authorizing a municipality to require the relocation of a utility facility located in a municipal right-of-way.), As Introduced

No fiscal implication to the State is anticipated.

The bill would authorize a municipality to require a utility, at the utility's expense, to relocate the utility's facility that is located in a public right-of-way to accommodate construction or improvement of a highway, road, street, public way, or any other public works project. A utility would include a provider of telephone, telegraph, communications, electricity, gas, heat, water, railroads, sewer, and pipeline services, whether publicly, privately, or cooperatively owned. 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.

Local Government Impact

A municipality would not incur costs beyond administrative costs in notifying a utility that it must relocate or in negotiating the time frame for the utility to be moved. If the utility is owned by the municipality itself or by a district authorized by the municipality, it is assumed that the costs of moving the utility would be offset by the financial or other benefits for which the utility would need to be moved.

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

Source Agencies:

LBB Staff:

JOB, JRO, DLBa