LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION Revision 1 May 3, 2013 TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2748 by Lewis (Relating to the burden of proof in proceedings in district, statutory county court, and county courts; involving the determination of common carrier status.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Civil Practice and Remedies Code as it relates to a Railroad Commission determination that an entity is a common carrier. The bill specifies that such a determination is not conclusive in certain subsequent court proceedings unless the Railroad Commission has made the determination after notice, hearing, and an opportunity to appeal. The Railroad Commission reports that the fiscal impact of the bill cannot be determined. However, this analysis assumes that any impact the bill may have on the agency could be absorbed within existing resources. The Office of Court Administration does not anticipate any significant fiscal impact to the court system resulting from the bill. The bill would take effect September 1, 2013. Local Government Impact The Railroad Commission reports that the bill may result in a negative fiscal impact to local governments if they should decide to appeal an entity's common carrier status. However, it is assumed that any such impact will not be significant. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 455 Railroad Commission LBB Staff: UP, CL, AM
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
Revision 1
May 3, 2013
Revision 1
Revision 1
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB2748 by Lewis (Relating to the burden of proof in proceedings in district, statutory county court, and county courts; involving the determination of common carrier status.), As Introduced
TO: Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB2748 by Lewis (Relating to the burden of proof in proceedings in district, statutory county court, and county courts; involving the determination of common carrier status.), As Introduced
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Tryon D. Lewis, Chair, House Committee on Judiciary & Civil Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB2748 by Lewis (Relating to the burden of proof in proceedings in district, statutory county court, and county courts; involving the determination of common carrier status.), As Introduced
HB2748 by Lewis (Relating to the burden of proof in proceedings in district, statutory county court, and county courts; involving the determination of common carrier status.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code as it relates to a Railroad Commission determination that an entity is a common carrier. The bill specifies that such a determination is not conclusive in certain subsequent court proceedings unless the Railroad Commission has made the determination after notice, hearing, and an opportunity to appeal. The Railroad Commission reports that the fiscal impact of the bill cannot be determined. However, this analysis assumes that any impact the bill may have on the agency could be absorbed within existing resources. The Office of Court Administration does not anticipate any significant fiscal impact to the court system resulting from the bill. The bill would take effect September 1, 2013.
The bill would amend the Civil Practice and Remedies Code as it relates to a Railroad Commission determination that an entity is a common carrier. The bill specifies that such a determination is not conclusive in certain subsequent court proceedings unless the Railroad Commission has made the determination after notice, hearing, and an opportunity to appeal.
The Railroad Commission reports that the fiscal impact of the bill cannot be determined. However, this analysis assumes that any impact the bill may have on the agency could be absorbed within existing resources. The Office of Court Administration does not anticipate any significant fiscal impact to the court system resulting from the bill. The bill would take effect September 1, 2013.
Local Government Impact
The Railroad Commission reports that the bill may result in a negative fiscal impact to local governments if they should decide to appeal an entity's common carrier status. However, it is assumed that any such impact will not be significant.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 455 Railroad Commission
212 Office of Court Administration, Texas Judicial Council, 455 Railroad Commission
LBB Staff: UP, CL, AM
UP, CL, AM