LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION
 
May 14, 2007

TO:
Honorable Eddie Lucio, Jr., Chair, Senate Committee on International Relations & Trade
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3068 by Guillen (Relating to the authority and responsibilities of certain political subdivisions in relation to development. ), Committee Report 2nd House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would amend various chapters of the Local Government Code regarding regulations of subdivisions and utility connections by municipalities and counties located in a county that is near an international border.  The bill would also amend Chapter 16 of the Water Code to permit the Texas Water Development Board (TWDB) to grant a request for temporary continuation of funding for a political subdivision that receives funds under Subchapter K, Chapter 17, Water Code (concerning the Economically Distressed Areas Program) if certain conditions are met. This provision expires on September 1, 2009.

 

The bill would authorize a county that includes territory located within 50 miles of an international
border or certain municipalities within the county to regulate residential land development (for
counties, in the unincorporated areas of the county and for municipalities, in the extraterritorial
jurisdiction). Regulation authority would not apply if a tract of land is appraised as agricultural or
open-space and would not apply to regulating commercial property that is uninhabitable.The county or
municipality would be required to issue building permits for the applicable areas and would be
authorized to charge a reasonable building permit fee. Fees collected would be deposited into the local government entity's general fund and could be used only for administering the building permit
program. The act of violating land development restrictions imposed by a county or municipality in the applicable areas would be a Class C misdemeanor. 

 

The TWDB anticipates that approximately three to five Economically Distressed Areas Program (EDAP) projects may be affected by the proposed changes to Chapter 16 of the Water Code. The agency expects that approximately 0.25 FTEs (Attorney IV) would be needed to carry out the work anticipated by the provision during the effective two year period for a total cost of approximately $50,000 for the biennium.  It is anticipated that this cost can be absorbed with existing agency resources.


Local Government Impact

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


Source Agencies:
580 Water Development Board
LBB Staff:
JOB, CL, ZS, JF