LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 15, 2009 TO: Honorable Yvonne Davis, Chair, House Committee on Urban Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3557 by Phillips (Relating to the waiver of sovereign immunity from certain suits by certain municipalities.), Committee Report 1st House, Substituted No fiscal implication to the State is anticipated. The bill would apply only to a home-rule municipality with a population of less than 30,000 that is located in a county with a population of less than 140,000. An applicable municipality would waive sovereign immunity from suit for the purpose of adjdicating a claim of breach of contract if the municipality enters into a contract with a private entity for the sale or conveyance of not less than 400 acres or more than 1,000 acres of land that was acquired by the municipality from an agency of the United States. A plaintiff who prevails in an action brought under the provisions of the bill would be entitled only to specific performance of the terms of the contract, reasonable attorney's fees, and court costs. Local Government Impact Because the bill would not have statewide impact on units of local government of the same type or class, no comment from this office is required by the rules of the House/Senate as to its probable fiscal implication on units of local government. Source Agencies: LBB Staff: JOB, DB, KJG
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 15, 2009
TO: Honorable Yvonne Davis, Chair, House Committee on Urban Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3557 by Phillips (Relating to the waiver of sovereign immunity from certain suits by certain municipalities.), Committee Report 1st House, Substituted
TO: Honorable Yvonne Davis, Chair, House Committee on Urban Affairs
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB3557 by Phillips (Relating to the waiver of sovereign immunity from certain suits by certain municipalities.), Committee Report 1st House, Substituted
Honorable Yvonne Davis, Chair, House Committee on Urban Affairs
Honorable Yvonne Davis, Chair, House Committee on Urban Affairs
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB3557 by Phillips (Relating to the waiver of sovereign immunity from certain suits by certain municipalities.), Committee Report 1st House, Substituted
HB3557 by Phillips (Relating to the waiver of sovereign immunity from certain suits by certain municipalities.), Committee Report 1st House, Substituted
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would apply only to a home-rule municipality with a population of less than 30,000 that is located in a county with a population of less than 140,000. An applicable municipality would waive sovereign immunity from suit for the purpose of adjdicating a claim of breach of contract if the municipality enters into a contract with a private entity for the sale or conveyance of not less than 400 acres or more than 1,000 acres of land that was acquired by the municipality from an agency of the United States. A plaintiff who prevails in an action brought under the provisions of the bill would be entitled only to specific performance of the terms of the contract, reasonable attorney's fees, and court costs.
The bill would apply only to a home-rule municipality with a population of less than 30,000 that is located in a county with a population of less than 140,000. An applicable municipality would waive sovereign immunity from suit for the purpose of adjdicating a claim of breach of contract if the municipality enters into a contract with a private entity for the sale or conveyance of not less than 400 acres or more than 1,000 acres of land that was acquired by the municipality from an agency of the United States.
A plaintiff who prevails in an action brought under the provisions of the bill would be entitled only to specific performance of the terms of the contract, reasonable attorney's fees, and court costs.
Local Government Impact
Because the bill would not have statewide impact on units of local government of the same type or class, no comment from this office is required by the rules of the House/Senate as to its probable fiscal implication on units of local government.
Source Agencies:
LBB Staff: JOB, DB, KJG
JOB, DB, KJG