LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 23, 2009 TO: Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3004 by Coleman (Relating to animal shelter standards; providing a civil penalty.), As Passed 2nd House No fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code to authorize a county to enforce standards established for operating an animal shelter, unless the animal shelter is operated by a municipality. The bill would establish a civil penalty of not less than $100 nor more than $500 for each violation and for each day of a continuing violation of the standards for operating an animal shelter. The subsection of the bill regarding the civil penalty would not apply at an animal shelter operated by a municipality. In addition, a county or a municipality in which the violation occurs could institute a civil suit in district court to seek injunctive relief to restrain a person from continuing to commit a violation, to assess and recover the civil penalty, or both actions. The proposed change in law would apply only to conduct that occurs on or after the effective date of the bill. The bill would take effect immediately if it were to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2009. Local Government Impact Revenue gain would depend on the number of violations, the number of days the violation continues, and the judge's discretion in imposing a penalty. It is assumed that a local government could absorb any associated enforcement costs within existing resources. No significant fiscal implication to units of local government is anticipated. Source Agencies:537 State Health Services, Department of LBB Staff: JOB, SD, CL, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 23, 2009
TO: Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3004 by Coleman (Relating to animal shelter standards; providing a civil penalty.), 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: HB3004 by Coleman (Relating to animal shelter standards; providing a civil penalty.), 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
HB3004 by Coleman (Relating to animal shelter standards; providing a civil penalty.), As Passed 2nd House
HB3004 by Coleman (Relating to animal shelter standards; providing a civil penalty.), As Passed 2nd House
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code to authorize a county to enforce standards established for operating an animal shelter, unless the animal shelter is operated by a municipality. The bill would establish a civil penalty of not less than $100 nor more than $500 for each violation and for each day of a continuing violation of the standards for operating an animal shelter. The subsection of the bill regarding the civil penalty would not apply at an animal shelter operated by a municipality. In addition, a county or a municipality in which the violation occurs could institute a civil suit in district court to seek injunctive relief to restrain a person from continuing to commit a violation, to assess and recover the civil penalty, or both actions. The proposed change in law would apply only to conduct that occurs on or after the effective date of the bill. The bill would take effect immediately if it were to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2009.
The bill would amend the Health and Safety Code to authorize a county to enforce standards established for operating an animal shelter, unless the animal shelter is operated by a municipality. The bill would establish a civil penalty of not less than $100 nor more than $500 for each violation and for each day of a continuing violation of the standards for operating an animal shelter. The subsection of the bill regarding the civil penalty would not apply at an animal shelter operated by a municipality.
In addition, a county or a municipality in which the violation occurs could institute a civil suit in district court to seek injunctive relief to restrain a person from continuing to commit a violation, to assess and recover the civil penalty, or both actions.
The proposed change in law would apply only to conduct that occurs on or after the effective date of the bill. The bill would take effect immediately if it were to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2009.
Local Government Impact
Revenue gain would depend on the number of violations, the number of days the violation continues, and the judge's discretion in imposing a penalty. It is assumed that a local government could absorb any associated enforcement costs within existing resources. No significant fiscal implication to units of local government is anticipated.
Revenue gain would depend on the number of violations, the number of days the violation continues, and the judge's discretion in imposing a penalty. It is assumed that a local government could absorb any associated enforcement costs within existing resources.
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 537 State Health Services, Department of
537 State Health Services, Department of
LBB Staff: JOB, SD, CL, DB
JOB, SD, CL, DB