LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 7, 2009 TO: Honorable Dennis Bonnen, Chair, House Committee on Land & Resource Management FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB4144 by Gattis (Relating to a municipality's comprehensive development.), Committee Report 1st House, Substituted No fiscal implication to the State is anticipated. The bill would amend the Local Government Code by adding Subchapter C to Chapter 211 to require the governing body of a municipality to adopt by resolution or ordinance a comprehensive plan for land use that details current and future land uses and serves as a basis for making planning or zoning decisions. The municipality would be required to review its plan not less than every three years and to appoint an advisory committee to make recommendations regarding the adoption, amendment, and review of the plan. Provisions of the bill would establish the minimum requirements and procedures a municipality and the advisory committee must fulfill. A county commissioners court, upon petition from a landowner, would be required to appoint three special commissioners to assess the reasonableness of a land use applied to the landowner's tract under the municipality's comprehensive plan under certain circumstances. If a municipality were to refuse to amend the plan in accordance with a special commissioners' order, the landowner would be allowed to file suit against the municipality in district court to enforce the special commissioners' order. Local Government Impact The costs associated with implementing provisions of the bill would vary by municipality, but it is assumed could be significant. As an example, the City of Mesquite estimates the cost to revise their existing comprehensive plan to meet the requirements of the bill, which are more detailed than under current statute, would be approximately $350,000. The 3-year review, depending on what constitutes the review, could cost between $25,000 and $100,000 per review. The added procedures for review by an advisory committee would delay the process of concurrency amendments, resulting in revenue loss of $3,000 to $6,000 if rezoning is to accommodate a sales tax producing business. Source Agencies: LBB Staff: JOB, SZ, DB, SD
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 7, 2009
TO: Honorable Dennis Bonnen, Chair, House Committee on Land & Resource Management FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB4144 by Gattis (Relating to a municipality's comprehensive development.), Committee Report 1st House, Substituted
TO: Honorable Dennis Bonnen, Chair, House Committee on Land & Resource Management
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB4144 by Gattis (Relating to a municipality's comprehensive development.), Committee Report 1st House, Substituted
Honorable Dennis Bonnen, Chair, House Committee on Land & Resource Management
Honorable Dennis Bonnen, Chair, House Committee on Land & Resource Management
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB4144 by Gattis (Relating to a municipality's comprehensive development.), Committee Report 1st House, Substituted
HB4144 by Gattis (Relating to a municipality's comprehensive development.), Committee Report 1st House, Substituted
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would amend the Local Government Code by adding Subchapter C to Chapter 211 to require the governing body of a municipality to adopt by resolution or ordinance a comprehensive plan for land use that details current and future land uses and serves as a basis for making planning or zoning decisions. The municipality would be required to review its plan not less than every three years and to appoint an advisory committee to make recommendations regarding the adoption, amendment, and review of the plan. Provisions of the bill would establish the minimum requirements and procedures a municipality and the advisory committee must fulfill. A county commissioners court, upon petition from a landowner, would be required to appoint three special commissioners to assess the reasonableness of a land use applied to the landowner's tract under the municipality's comprehensive plan under certain circumstances. If a municipality were to refuse to amend the plan in accordance with a special commissioners' order, the landowner would be allowed to file suit against the municipality in district court to enforce the special commissioners' order.
The bill would amend the Local Government Code by adding Subchapter C to Chapter 211 to require the governing body of a municipality to adopt by resolution or ordinance a comprehensive plan for land use that details current and future land uses and serves as a basis for making planning or zoning decisions. The municipality would be required to review its plan not less than every three years and to appoint an advisory committee to make recommendations regarding the adoption, amendment, and review of the plan. Provisions of the bill would establish the minimum requirements and procedures a municipality and the advisory committee must fulfill.
A county commissioners court, upon petition from a landowner, would be required to appoint three special commissioners to assess the reasonableness of a land use applied to the landowner's tract under the municipality's comprehensive plan under certain circumstances. If a municipality were to refuse to amend the plan in accordance with a special commissioners' order, the landowner would be allowed to file suit against the municipality in district court to enforce the special commissioners' order.
Local Government Impact
The costs associated with implementing provisions of the bill would vary by municipality, but it is assumed could be significant. As an example, the City of Mesquite estimates the cost to revise their existing comprehensive plan to meet the requirements of the bill, which are more detailed than under current statute, would be approximately $350,000. The 3-year review, depending on what constitutes the review, could cost between $25,000 and $100,000 per review. The added procedures for review by an advisory committee would delay the process of concurrency amendments, resulting in revenue loss of $3,000 to $6,000 if rezoning is to accommodate a sales tax producing business.
Source Agencies:
LBB Staff: JOB, SZ, DB, SD
JOB, SZ, DB, SD