LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

Revision 1

May 3, 2013

TO:	Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB2748 by Lewis (Relating to the burden of proof in proceedings in district, statutory county court, and county courts; involving the determination of common carrier status.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Civil Practice and Remedies Code as it relates to a Railroad Commission determination that an entity is a common carrier. The bill specifies that such a determination is not conclusive in certain subsequent court proceedings unless the Railroad Commission has made the determination after notice, hearing, and an opportunity to appeal.

The Railroad Commission reports that the fiscal impact of the bill cannot be determined. However, this analysis assumes that any impact the bill may have on the agency could be absorbed within existing resources. The Office of Court Administration does not anticipate any significant fiscal impact to the court system resulting from the bill. The bill would take effect September 1, 2013. 

Local Government Impact

The Railroad Commission reports that the bill may result in a negative fiscal impact to local governments if they should decide to appeal an entity's common carrier status. However, it is assumed that any such impact will not be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 455 Railroad Commission

LBB Staff:

UP, CL, AM