LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 28, 2025 TO: Honorable Tom Craddick, Chair, House Committee on Transportation FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4348 by Capriglione (Relating to a prohibition on certain roadway projects and to the distribution of affordable housing funds to local governmental entities that violate that prohibition.), As Introduced Because the number of applicable local governmental entity roadway projects, the number of complaints received by the Texas Department of Transportation (TxDOT) regarding roadway projects alleged to be in violation with the provisions of the bill, and the number of appeals that may be filed by local governmental entities are unknown, the fiscal and operational impacts to TxDOT and the State cannot be determined at this time. The bill would establish certain requirements and limitations on a home-rule municipality's authority to control or alter public roadways of the municipality. The bill would require a home-rule municipality to submit to the Texas Transportation Commission (TTC) a request for approval to vacate, abandon, or close a street or alley. The bill would prohibit a local government entity from implementing certain roadway projects that reallocate or narrow existing vehicular roadway space on a roadway maintained by the entity. The bill would require the Texas Department of Transportation (TxDOT) to investigate complaints that a local governmental entity has implemented or plans to implement a prohibited roadway project and require the TTC to determine whether a violation has occurred. The bill would authorize a local government to contest a TTC determination of a violation by filing an appeal with TxDOT. The bill would require TTC to deliver notice of the commission's determination to the local governmental entity and the Texas Department of Housing and Community Affairs (TDHCA), and require a notice of a violation to include recommendations for implementing the project in a manner that would not result in a violation. The bill would prohibit TDHCA from providing financial assistance to local governmental entity for which TTC has provided notice of a violation. The bill would take effect immediately upon receiving a vote of two-thirds of all members elected to each house or, otherwise, on September 1, 2025.Because the number of applicable local governmental entity roadway projects, the number of complaints received by TxDOT regarding roadway projects alleged to be in violation with the provisions of the bill, and the number of appeals that may be filed by local governmental entities are unknown, the fiscal and operational impacts to TxDOT and the State cannot be determined at this time.Based on the information provided by TDCHA, it is assumed any costs associated with implementation of the bill could be absorbed within the agency's existing resources. Local Government ImpactThe fiscal implications of the bill to units of local government cannot be determined at this time. Source Agencies: b > td > 332 Department of Housing and Community Affairs, 601 Department of Transportation LBB Staff: b > td > JMc, AAL, GDZ, TG
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 28, 2025
TO: Honorable Tom Craddick, Chair, House Committee on Transportation FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4348 by Capriglione (Relating to a prohibition on certain roadway projects and to the distribution of affordable housing funds to local governmental entities that violate that prohibition.), As Introduced
TO: Honorable Tom Craddick, Chair, House Committee on Transportation
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB4348 by Capriglione (Relating to a prohibition on certain roadway projects and to the distribution of affordable housing funds to local governmental entities that violate that prohibition.), As Introduced
Honorable Tom Craddick, Chair, House Committee on Transportation
Honorable Tom Craddick, Chair, House Committee on Transportation
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB4348 by Capriglione (Relating to a prohibition on certain roadway projects and to the distribution of affordable housing funds to local governmental entities that violate that prohibition.), As Introduced
HB4348 by Capriglione (Relating to a prohibition on certain roadway projects and to the distribution of affordable housing funds to local governmental entities that violate that prohibition.), As Introduced
Because the number of applicable local governmental entity roadway projects, the number of complaints received by the Texas Department of Transportation (TxDOT) regarding roadway projects alleged to be in violation with the provisions of the bill, and the number of appeals that may be filed by local governmental entities are unknown, the fiscal and operational impacts to TxDOT and the State cannot be determined at this time.
Because the number of applicable local governmental entity roadway projects, the number of complaints received by the Texas Department of Transportation (TxDOT) regarding roadway projects alleged to be in violation with the provisions of the bill, and the number of appeals that may be filed by local governmental entities are unknown, the fiscal and operational impacts to TxDOT and the State cannot be determined at this time.
The bill would establish certain requirements and limitations on a home-rule municipality's authority to control or alter public roadways of the municipality. The bill would require a home-rule municipality to submit to the Texas Transportation Commission (TTC) a request for approval to vacate, abandon, or close a street or alley. The bill would prohibit a local government entity from implementing certain roadway projects that reallocate or narrow existing vehicular roadway space on a roadway maintained by the entity. The bill would require the Texas Department of Transportation (TxDOT) to investigate complaints that a local governmental entity has implemented or plans to implement a prohibited roadway project and require the TTC to determine whether a violation has occurred. The bill would authorize a local government to contest a TTC determination of a violation by filing an appeal with TxDOT. The bill would require TTC to deliver notice of the commission's determination to the local governmental entity and the Texas Department of Housing and Community Affairs (TDHCA), and require a notice of a violation to include recommendations for implementing the project in a manner that would not result in a violation. The bill would prohibit TDHCA from providing financial assistance to local governmental entity for which TTC has provided notice of a violation. The bill would take effect immediately upon receiving a vote of two-thirds of all members elected to each house or, otherwise, on September 1, 2025.Because the number of applicable local governmental entity roadway projects, the number of complaints received by TxDOT regarding roadway projects alleged to be in violation with the provisions of the bill, and the number of appeals that may be filed by local governmental entities are unknown, the fiscal and operational impacts to TxDOT and the State cannot be determined at this time.Based on the information provided by TDCHA, it is assumed any costs associated with implementation of the bill could be absorbed within the agency's existing resources.
Because the number of applicable local governmental entity roadway projects, the number of complaints received by TxDOT regarding roadway projects alleged to be in violation with the provisions of the bill, and the number of appeals that may be filed by local governmental entities are unknown, the fiscal and operational impacts to TxDOT and the State cannot be determined at this time.
Based on the information provided by TDCHA, it is assumed any costs associated with implementation of the bill could be absorbed within the agency's existing resources.
Local Government Impact
The fiscal implications of the bill to units of local government cannot be determined at this time.
Source Agencies: b > td > 332 Department of Housing and Community Affairs, 601 Department of Transportation
332 Department of Housing and Community Affairs, 601 Department of Transportation
LBB Staff: b > td > JMc, AAL, GDZ, TG
JMc, AAL, GDZ, TG