LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 13, 2009 TO: Honorable Yvonne Davis, Chair, House Committee on Urban Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB4635 by Lucio III (Relating to an additional fine for the violation of a municipal rule, ordinance, or police regulation to be used to support municipal parks.), As Introduced No fiscal implication to the State is anticipated. The bill would amend the Local Government Code to authorize a municipality to assess an additional fine for each violation of a municipal rule, ordinance, or police regulation in an amount of 10 percent of the fine originally assessed, but not less than $10. The additional fine must be used to support municipal parks. The change in law made by the bill would apply only to a violation committed on or after the effective date of the bill, which would be September 1, 2009. Local Government Impact Municipal Court Administration (MCA) for Houston reports that when a fine or fee is added to a violation, not only do processes and printed materials have to be changed (initial costs of $75,000 for printing and $30,000 for system reconfiguration, and annual operational costs of $1,200), but staff must file regular reports, update records, and manage the reconciliation processing for distributing the fee. The Houston MCA reports that the city has greater need of warrant collection fees than for park fees. Although Houston estimates costs of $126,200 the first year and from $21,800 to $23,450 the next four fiscal years, the estimated revenue gain would be from $195,260 in fiscal year 2010 to $210,314 by fiscal year 2014. Although the City of Garland estimates a revenue gain of $373,770, the city was uncertain how the provisions of the bill would apply in circumstances where fines are "maxed out," where dismissals for proof are concerned, and in juvenile cases where community service is usually imposed rather than a cash fine. The cities of Port Isabel, South Padre Island, and Harlingen reported to the Comptroller of Public Accounts estimated revenue gains of $640, $730, and $28,330 respectively, based on the number of violations of municipal rules, ordinances, or police in 2008. The fiscal impact would vary by municipality depending on the number of violations that occur and variables related to processing systems. Source Agencies:304 Comptroller of Public Accounts LBB Staff: JOB, DB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
April 13, 2009
TO: Honorable Yvonne Davis, Chair, House Committee on Urban Affairs FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB4635 by Lucio III (Relating to an additional fine for the violation of a municipal rule, ordinance, or police regulation to be used to support municipal parks.), As Introduced
TO: Honorable Yvonne Davis, Chair, House Committee on Urban Affairs
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB4635 by Lucio III (Relating to an additional fine for the violation of a municipal rule, ordinance, or police regulation to be used to support municipal parks.), As Introduced
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
HB4635 by Lucio III (Relating to an additional fine for the violation of a municipal rule, ordinance, or police regulation to be used to support municipal parks.), As Introduced
HB4635 by Lucio III (Relating to an additional fine for the violation of a municipal rule, ordinance, or police regulation to be used to support municipal parks.), As Introduced
No fiscal implication to the State is anticipated.
No fiscal implication to the State is anticipated.
The bill would amend the Local Government Code to authorize a municipality to assess an additional fine for each violation of a municipal rule, ordinance, or police regulation in an amount of 10 percent of the fine originally assessed, but not less than $10. The additional fine must be used to support municipal parks. The change in law made by the bill would apply only to a violation committed on or after the effective date of the bill, which would be September 1, 2009.
The bill would amend the Local Government Code to authorize a municipality to assess an additional fine for each violation of a municipal rule, ordinance, or police regulation in an amount of 10 percent of the fine originally assessed, but not less than $10. The additional fine must be used to support municipal parks.
The change in law made by the bill would apply only to a violation committed on or after the effective date of the bill, which would be September 1, 2009.
Local Government Impact
Municipal Court Administration (MCA) for Houston reports that when a fine or fee is added to a violation, not only do processes and printed materials have to be changed (initial costs of $75,000 for printing and $30,000 for system reconfiguration, and annual operational costs of $1,200), but staff must file regular reports, update records, and manage the reconciliation processing for distributing the fee. The Houston MCA reports that the city has greater need of warrant collection fees than for park fees. Although Houston estimates costs of $126,200 the first year and from $21,800 to $23,450 the next four fiscal years, the estimated revenue gain would be from $195,260 in fiscal year 2010 to $210,314 by fiscal year 2014. Although the City of Garland estimates a revenue gain of $373,770, the city was uncertain how the provisions of the bill would apply in circumstances where fines are "maxed out," where dismissals for proof are concerned, and in juvenile cases where community service is usually imposed rather than a cash fine. The cities of Port Isabel, South Padre Island, and Harlingen reported to the Comptroller of Public Accounts estimated revenue gains of $640, $730, and $28,330 respectively, based on the number of violations of municipal rules, ordinances, or police in 2008. The fiscal impact would vary by municipality depending on the number of violations that occur and variables related to processing systems.
Municipal Court Administration (MCA) for Houston reports that when a fine or fee is added to a violation, not only do processes and printed materials have to be changed (initial costs of $75,000 for printing and $30,000 for system reconfiguration, and annual operational costs of $1,200), but staff must file regular reports, update records, and manage the reconciliation processing for distributing the fee. The Houston MCA reports that the city has greater need of warrant collection fees than for park fees. Although Houston estimates costs of $126,200 the first year and from $21,800 to $23,450 the next four fiscal years, the estimated revenue gain would be from $195,260 in fiscal year 2010 to $210,314 by fiscal year 2014.
Although the City of Garland estimates a revenue gain of $373,770, the city was uncertain how the provisions of the bill would apply in circumstances where fines are "maxed out," where dismissals for proof are concerned, and in juvenile cases where community service is usually imposed rather than a cash fine.
The cities of Port Isabel, South Padre Island, and Harlingen reported to the Comptroller of Public Accounts estimated revenue gains of $640, $730, and $28,330 respectively, based on the number of violations of municipal rules, ordinances, or police in 2008.
The fiscal impact would vary by municipality depending on the number of violations that occur and variables related to processing systems.
Source Agencies: 304 Comptroller of Public Accounts
304 Comptroller of Public Accounts
LBB Staff: JOB, DB
JOB, DB