LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 28, 2009 TO: Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1174 by Hartnett (Relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operation of a sanitary sewer system.), As Passed 2nd House No fiscal implication to the State is anticipated. The bill would authorize a municipality or a river authority, other than certain river authorities listed in the bill, to pay actual property damages caused by the backup of the municipality's or river authority's sanitary sewer system regardless of whether the municipality or river authority would otherwise be liable for the damages. Provisions of the bill would not waive governmental immunity from suit or liability. Provisions of the bill would apply to damage caused by the backup of a sanitary sewer system on or after March 1, 2007. The bill would take effect immediately if it was to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2009. Local Government Impact The fiscal impact to a municipality or river authority would depend on whether the entity decided to pay the property damages, how many persons or entities suffered property damages, and the cost of those property damages. A municipality or river authority would likely be willing to pay the property damages only if the costs could be absorbed within existing resources. Source Agencies: LBB Staff: JOB, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 28, 2009
TO: Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1174 by Hartnett (Relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operation of a sanitary sewer system.), As Passed 2nd House
TO: Honorable Joe Straus, Speaker of the House, House of Representatives
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB1174 by Hartnett (Relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operation of a sanitary sewer system.), As Passed 2nd House
Honorable Joe Straus, Speaker of the House, House of Representatives
Honorable Joe Straus, Speaker of the House, House of Representatives
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB1174 by Hartnett (Relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operation of a sanitary sewer system.), As Passed 2nd House
HB1174 by Hartnett (Relating to payment by a municipality or river authority for certain damages caused by the municipality's or river authority's operation of a sanitary sewer system.), As Passed 2nd House
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would authorize a municipality or a river authority, other than certain river authorities listed in the bill, to pay actual property damages caused by the backup of the municipality's or river authority's sanitary sewer system regardless of whether the municipality or river authority would otherwise be liable for the damages. Provisions of the bill would not waive governmental immunity from suit or liability. Provisions of the bill would apply to damage caused by the backup of a sanitary sewer system on or after March 1, 2007. The bill would take effect immediately if it was to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2009.
The bill would authorize a municipality or a river authority, other than certain river authorities listed in the bill, to pay actual property damages caused by the backup of the municipality's or river authority's sanitary sewer system regardless of whether the municipality or river authority would otherwise be liable for the damages. Provisions of the bill would not waive governmental immunity from suit or liability.
Provisions of the bill would apply to damage caused by the backup of a sanitary sewer system on or after March 1, 2007.
The bill would take effect immediately if it was to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2009.
Local Government Impact
The fiscal impact to a municipality or river authority would depend on whether the entity decided to pay the property damages, how many persons or entities suffered property damages, and the cost of those property damages. A municipality or river authority would likely be willing to pay the property damages only if the costs could be absorbed within existing resources.
Source Agencies:
LBB Staff: JOB, DB
JOB, DB