Honorable Joe Deshotel, Chair, House Committee on Land & Resource Management
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB3876 by Workman (Relating to the issuance of local permits by a regulatory agency of a political subdivision; limiting the amount of a fee.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Local Government Code relating to the issuance of local permits by a regulatory agency and limiting the amount of a fee. The bill would create additional liability for a permit applicant's attorney's fees and costs and mediation fees. The bill would require mediation on the request of a permit applicant regarding an agency's determination that the chapter does not apply to the applicant's project. The bill would permit a permit applicant to initiate a suit for mandamus or injunctive relief if the mediation failed. The bill would require a fee imposed by a regulatory agency to review application for determination of the applicability of the chapter to not exceed $250.
The Office of Court Administration reported no significant fiscal impact to the state court system is anticipated.
The Office of Attorney General anticipates any legal work resulting from the passage of this bill could be reasonably absorbed within current resources.
Local Government Impact
There could be costs and revenue loss to local entities due to the provisions of the bill. The costs would depend if a political subdivision was found to have violated the chapter and the amount of the applicant's fees and the cost of mediation. The revenue loss would depend on the application fee of each regulatory agency, the number of applicants, and the size of the regulatory agency's jurisdiction.
The City of San Antonio reported $87,000 in revenue loss for Fiscal Year (FY) 2016-2018 due to loss of application fees.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 701 Central Education Agency