LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 16, 2011 TO: Honorable Rene Oliveira, Chair, House Committee on Land & Resource Management FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3492 by Coleman (Relating to authorizing counties to adopt buffer zone regulations and comprehensive plans and assess a roadway cost recovery fee; providing a penalty.), As Introduced No fiscal implication to the State is anticipated. The bill would add Chapter 236 to the Local Government Code to authorize counties to adopt buffer zone regulations and comprehensive plans for land development; assess a roadway cost recovery fee; and authorize the imposition of penalties for violations. The bill specifies procedures and processes regarding comprehensive plans and regulations; enforcement of buffer zone regulations; and the assessment, collection and refund of roadway cost recovery fees. Local Government Impact There could be a positive fiscal impact to counties for the roadway cost recovery fee and the imposition of a penalty for a violation, but the amounts would vary by county and would be offset by some of the costs incurred. In addition, there could be costs if a county chose to adopt and develop a comprehensive plan for an unincorporated area. It is assumed that a county would adopt a comprehensive plan only if sufficient resources were available or the net fiscal impact would not be negative. The County Judges and Commissioners Association of Texas reported that the Road Cost Recovery Fee provision would have a positive fiscal impact on counties to recover costs currently incurred for infrastructure for new development. The amounts would vary depending upon the extent of new development in the county. Source Agencies: LBB Staff: JOB, TP, SZ LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 16, 2011 TO: Honorable Rene Oliveira, Chair, House Committee on Land & Resource Management FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3492 by Coleman (Relating to authorizing counties to adopt buffer zone regulations and comprehensive plans and assess a roadway cost recovery fee; providing a penalty.), As Introduced TO: Honorable Rene Oliveira, Chair, House Committee on Land & Resource Management FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB3492 by Coleman (Relating to authorizing counties to adopt buffer zone regulations and comprehensive plans and assess a roadway cost recovery fee; providing a penalty.), As Introduced Honorable Rene Oliveira, Chair, House Committee on Land & Resource Management Honorable Rene Oliveira, Chair, House Committee on Land & Resource Management John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB3492 by Coleman (Relating to authorizing counties to adopt buffer zone regulations and comprehensive plans and assess a roadway cost recovery fee; providing a penalty.), As Introduced HB3492 by Coleman (Relating to authorizing counties to adopt buffer zone regulations and comprehensive plans and assess a roadway cost recovery fee; providing a penalty.), As Introduced No fiscal implication to the State is anticipated. No fiscal implication to the State is anticipated. The bill would add Chapter 236 to the Local Government Code to authorize counties to adopt buffer zone regulations and comprehensive plans for land development; assess a roadway cost recovery fee; and authorize the imposition of penalties for violations. The bill specifies procedures and processes regarding comprehensive plans and regulations; enforcement of buffer zone regulations; and the assessment, collection and refund of roadway cost recovery fees. Local Government Impact There could be a positive fiscal impact to counties for the roadway cost recovery fee and the imposition of a penalty for a violation, but the amounts would vary by county and would be offset by some of the costs incurred. In addition, there could be costs if a county chose to adopt and develop a comprehensive plan for an unincorporated area. It is assumed that a county would adopt a comprehensive plan only if sufficient resources were available or the net fiscal impact would not be negative. The County Judges and Commissioners Association of Texas reported that the Road Cost Recovery Fee provision would have a positive fiscal impact on counties to recover costs currently incurred for infrastructure for new development. The amounts would vary depending upon the extent of new development in the county. Source Agencies: LBB Staff: JOB, TP, SZ JOB, TP, SZ