LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 17, 2009 TO: Honorable Garnet Coleman, Chair, House Committee on County Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1270 by Phillips (Relating to the authority of a county to regulate the location of halfway houses in the unincorporated areas of the county; providing a penalty.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would add Subchapter Y to Chapter 240, Local Government Code, to authorize a county commissioners court by order to adopt regulations regarding halfway houses in an unincorporated area of the county. The bill would stipulate the scope of regulations. A county commissioners court would be authorized to require an owner or operator of a halfway house to obtain a license or other permit or renew a license or other permit on a periodic basis. A district court would have jurisdiction of a suit that arises from the denial, suspension, or revocation of a license or other permit issued by the county. The county would be authorized to impose a fee on applicants for a license or other permit to cover costs of processing the application and investigating the applicants. A county would be authorized to inspect a halfway house to determine compliance with the county's adopted regulations. A county would be authorized to sue in district court for an injunction to prohibit the violation of a county adopted regulation. A person who violates the county's regulations would commit a Class A misdemeanor. Under the definition of halfway house in the bill, provisions of the bill would not apply to a residential facility operated under contract with an agency or political subdivision of the state. No significant fiscal impact is anticipated from fines and court costs resulting from the commission of a Class A misdemeanor under provisions of the bill. Local Government Impact It is presumed that a county would adopt regulations that implementing could be absorbed within existing resources. It is also assumed that a county that adopts the regulations would impose a fee sufficient to offset costs related to processing applications and investigating applicants. No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 17, 2009
TO: Honorable Garnet Coleman, Chair, House Committee on County Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1270 by Phillips (Relating to the authority of a county to regulate the location of halfway houses in the unincorporated areas of the county; providing a penalty.), Committee Report 1st House, Substituted
TO: Honorable Garnet Coleman, Chair, House Committee on County Affairs
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB1270 by Phillips (Relating to the authority of a county to regulate the location of halfway houses in the unincorporated areas of the county; providing a penalty.), Committee Report 1st House, Substituted
Honorable Garnet Coleman, Chair, House Committee on County Affairs
Honorable Garnet Coleman, Chair, House Committee on County Affairs
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB1270 by Phillips (Relating to the authority of a county to regulate the location of halfway houses in the unincorporated areas of the county; providing a penalty.), Committee Report 1st House, Substituted
HB1270 by Phillips (Relating to the authority of a county to regulate the location of halfway houses in the unincorporated areas of the county; providing a penalty.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would add Subchapter Y to Chapter 240, Local Government Code, to authorize a county commissioners court by order to adopt regulations regarding halfway houses in an unincorporated area of the county. The bill would stipulate the scope of regulations. A county commissioners court would be authorized to require an owner or operator of a halfway house to obtain a license or other permit or renew a license or other permit on a periodic basis. A district court would have jurisdiction of a suit that arises from the denial, suspension, or revocation of a license or other permit issued by the county. The county would be authorized to impose a fee on applicants for a license or other permit to cover costs of processing the application and investigating the applicants. A county would be authorized to inspect a halfway house to determine compliance with the county's adopted regulations. A county would be authorized to sue in district court for an injunction to prohibit the violation of a county adopted regulation. A person who violates the county's regulations would commit a Class A misdemeanor. Under the definition of halfway house in the bill, provisions of the bill would not apply to a residential facility operated under contract with an agency or political subdivision of the state. No significant fiscal impact is anticipated from fines and court costs resulting from the commission of a Class A misdemeanor under provisions of the bill.
The bill would add Subchapter Y to Chapter 240, Local Government Code, to authorize a county commissioners court by order to adopt regulations regarding halfway houses in an unincorporated area of the county. The bill would stipulate the scope of regulations. A county commissioners court would be authorized to require an owner or operator of a halfway house to obtain a license or other permit or renew a license or other permit on a periodic basis. A district court would have jurisdiction of a suit that arises from the denial, suspension, or revocation of a license or other permit issued by the county. The county would be authorized to impose a fee on applicants for a license or other permit to cover costs of processing the application and investigating the applicants.
A county would be authorized to inspect a halfway house to determine compliance with the county's adopted regulations.
A county would be authorized to sue in district court for an injunction to prohibit the violation of a county adopted regulation. A person who violates the county's regulations would commit a Class A misdemeanor.
Under the definition of halfway house in the bill, provisions of the bill would not apply to a residential facility operated under contract with an agency or political subdivision of the state.
No significant fiscal impact is anticipated from fines and court costs resulting from the commission of a Class A misdemeanor under provisions of the bill.
Local Government Impact
It is presumed that a county would adopt regulations that implementing could be absorbed within existing resources. It is also assumed that a county that adopts the regulations would impose a fee sufficient to offset costs related to processing applications and investigating applicants. No significant fiscal implication to units of local government is anticipated.
It is presumed that a county would adopt regulations that implementing could be absorbed within existing resources. It is also assumed that a county that adopts the regulations would impose a fee sufficient to offset costs related to processing applications and investigating applicants.
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
LBB Staff: JOB, DB
JOB, DB