LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

March 25, 2005

TO:	Honorable Joe Nixon, Chair, House Committee on Civil Practices
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB2989 by Nixon (Relating to the applicability of limitations provisions for governmental entities.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Civil Practice and Remedies Code to require the state and political subdivisions to abide by statutory limitation periods for taking civil actions in court. The bill would take effect September 1, 2005 and would apply only to a cause of action that accrues on or after that date.

Under current statute, governmental entities are not barred from bringing actions that would otherwise be barred by statutes of limitations.

The Office of Attorney General anticipates any additional work resulting from the passage of the bill could be reasonably absorbed using current resources.

Local Government Impact

It is anticipated that unless a government entity fails to bring an action within the statutory time limits and that failure results in an inability to recoup a large sum (e.g., to recover a debt owed), there would be no significant fiscal implications to units of local government.

Source Agencies:

302 Office of the Attorney General

LBB Staff:

JOB, JB, DLBa