LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION March 29, 2021 TO: Honorable Joe Deshotel, Chair, House Committee on Land & Resource Management FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB448 by Bailes (Relating to the right of property owners to file complaints against certain entities regulated by the Railroad Commission of Texas regarding alleged misconduct by the entities while exercising eminent domain authority; providing a civil penalty.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Government Code to allow property owners to file a written complaint with the Railroad Commission (RRC) regarding alleged misconduct by an entity regulated by RRC while exercising the entity's eminent domain authority. The bill would prohibit such entities from using a Landowner's Bill of Rights statement to harass, intimidate, or otherwise mislead a property owner and would establish a civil penalty of $1,000 for the first violation and $5,000 for each subsequent violation. The bill would also allow RRC to refer for enforcement a complaint to the Office of the Attorney General.Based on information provided by the Railroad Commission, the Office of the Attorney General, Office of Court Administration, and the Comptroller of Public Accounts, it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished utilizing existing resources. In addition, no significant fiscal impact to the state court system is anticipated as a result of implementing the provisions of the bill. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 455 Railroad Commission LBB Staff: b > td > JMc, AJL, MW, DA
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 29, 2021
TO: Honorable Joe Deshotel, Chair, House Committee on Land & Resource Management FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB448 by Bailes (Relating to the right of property owners to file complaints against certain entities regulated by the Railroad Commission of Texas regarding alleged misconduct by the entities while exercising eminent domain authority; providing a civil penalty.), As Introduced
TO: Honorable Joe Deshotel, Chair, House Committee on Land & Resource Management
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB448 by Bailes (Relating to the right of property owners to file complaints against certain entities regulated by the Railroad Commission of Texas regarding alleged misconduct by the entities while exercising eminent domain authority; providing a civil penalty.), As Introduced
Honorable Joe Deshotel, Chair, House Committee on Land & Resource Management
Honorable Joe Deshotel, Chair, House Committee on Land & Resource Management
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB448 by Bailes (Relating to the right of property owners to file complaints against certain entities regulated by the Railroad Commission of Texas regarding alleged misconduct by the entities while exercising eminent domain authority; providing a civil penalty.), As Introduced
HB448 by Bailes (Relating to the right of property owners to file complaints against certain entities regulated by the Railroad Commission of Texas regarding alleged misconduct by the entities while exercising eminent domain authority; providing a civil penalty.), 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 Government Code to allow property owners to file a written complaint with the Railroad Commission (RRC) regarding alleged misconduct by an entity regulated by RRC while exercising the entity's eminent domain authority. The bill would prohibit such entities from using a Landowner's Bill of Rights statement to harass, intimidate, or otherwise mislead a property owner and would establish a civil penalty of $1,000 for the first violation and $5,000 for each subsequent violation. The bill would also allow RRC to refer for enforcement a complaint to the Office of the Attorney General.Based on information provided by the Railroad Commission, the Office of the Attorney General, Office of Court Administration, and the Comptroller of Public Accounts, it is assumed that duties and responsibilities associated with implementing the provisions of the bill could be accomplished utilizing existing resources. In addition, no significant fiscal impact to the state court system is anticipated as a result of implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 455 Railroad Commission
212 Office of Court Admin, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 455 Railroad Commission
LBB Staff: b > td > JMc, AJL, MW, DA
JMc, AJL, MW, DA