LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 14, 2009 TO: Honorable Royce West, Chair, Senate Committee on Intergovernmental Relations FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2647 by Kent (Relating to the quasi-judicial enforcement of certain health and safety ordinances.), Committee Report 2nd House, Substituted No fiscal implication to the State is anticipated. The bill would amend Section 54.018(b), Local Government Code, to authorize a muncipality to bring an action in rem against a structure that is in violation of a health and safety ordinance as well as a judgment against a defendant. The bill would amend Section 54.040(a), Local Government Code, to authorize enforcement of certain health and safety ordinances in the same manner as a municipality enforces certain regulations of housing and other structures. The bill amend Sections 214.003(a), (b), (c), and (i), Local Government Code, to authorize a home-rule municipality to bring an action in district court against an owner of property that is not in substantial compliance with certain municipal health and safety ordinances. Local Government Impact The fiscal impact from the proposed changes to Section 54.018(b) and to the various subsections of Section 214.003 would depend on how many such cases a municipality were to pursue and the outcome of each. The fiscal impact from the proposed change to Section 54.040(a) would depend on the number of violations to be enforced; however, the statutes under which enforcement may occur include provisions related to collecting a bond or other financial guaranty or to assess expenses on a lien against non-homestead property. Therefore, associated costs of enforcement may be offset to a certain extent by imposition of a bond, other financial guaranty, or assessment. Source Agencies: LBB Staff: JOB, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 14, 2009
TO: Honorable Royce West, Chair, Senate Committee on Intergovernmental Relations FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB2647 by Kent (Relating to the quasi-judicial enforcement of certain health and safety ordinances.), Committee Report 2nd House, Substituted
TO: Honorable Royce West, Chair, Senate Committee on Intergovernmental Relations
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB2647 by Kent (Relating to the quasi-judicial enforcement of certain health and safety ordinances.), Committee Report 2nd House, Substituted
Honorable Royce West, Chair, Senate Committee on Intergovernmental Relations
Honorable Royce West, Chair, Senate Committee on Intergovernmental Relations
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB2647 by Kent (Relating to the quasi-judicial enforcement of certain health and safety ordinances.), Committee Report 2nd House, Substituted
HB2647 by Kent (Relating to the quasi-judicial enforcement of certain health and safety ordinances.), Committee Report 2nd House, Substituted
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would amend Section 54.018(b), Local Government Code, to authorize a muncipality to bring an action in rem against a structure that is in violation of a health and safety ordinance as well as a judgment against a defendant. The bill would amend Section 54.040(a), Local Government Code, to authorize enforcement of certain health and safety ordinances in the same manner as a municipality enforces certain regulations of housing and other structures. The bill amend Sections 214.003(a), (b), (c), and (i), Local Government Code, to authorize a home-rule municipality to bring an action in district court against an owner of property that is not in substantial compliance with certain municipal health and safety ordinances.
The bill would amend Section 54.018(b), Local Government Code, to authorize a muncipality to bring an action in rem against a structure that is in violation of a health and safety ordinance as well as a judgment against a defendant.
The bill would amend Section 54.040(a), Local Government Code, to authorize enforcement of certain health and safety ordinances in the same manner as a municipality enforces certain regulations of housing and other structures.
The bill amend Sections 214.003(a), (b), (c), and (i), Local Government Code, to authorize a home-rule municipality to bring an action in district court against an owner of property that is not in substantial compliance with certain municipal health and safety ordinances.
Local Government Impact
The fiscal impact from the proposed changes to Section 54.018(b) and to the various subsections of Section 214.003 would depend on how many such cases a municipality were to pursue and the outcome of each. The fiscal impact from the proposed change to Section 54.040(a) would depend on the number of violations to be enforced; however, the statutes under which enforcement may occur include provisions related to collecting a bond or other financial guaranty or to assess expenses on a lien against non-homestead property. Therefore, associated costs of enforcement may be offset to a certain extent by imposition of a bond, other financial guaranty, or assessment.
The fiscal impact from the proposed changes to Section 54.018(b) and to the various subsections of Section 214.003 would depend on how many such cases a municipality were to pursue and the outcome of each.
The fiscal impact from the proposed change to Section 54.040(a) would depend on the number of violations to be enforced; however, the statutes under which enforcement may occur include provisions related to collecting a bond or other financial guaranty or to assess expenses on a lien against non-homestead property. Therefore, associated costs of enforcement may be offset to a certain extent by imposition of a bond, other financial guaranty, or assessment.
Source Agencies:
LBB Staff: JOB, DB
JOB, DB