LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 15, 2025 TO: Honorable Will Metcalf, Chair, House Committee on Culture, Recreation & Tourism FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4588 by Orr (Relating to the regulation of aquatic vegetation management by the Parks and Wildlife Department; providing a civil penalty; creating a criminal offense.), As Introduced The fiscal implications of the bill cannot be determined because the number of violations that may occur and the amount of penalties that would be assessed and collected as well as the number of offenses that may be committed and associated court costs is unknown. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. This bill would amend the Parks and Wildlife Code adding sections on the regulation of aquatic vegetation management, civil enforcement and criminal penalty for violation of the regulation.The bill would prohibit a person from undertaking any measures to control aquatic vegetation in a public body of surface water except when the measure follows accepted principles of integrated pest management, and the state or any local aquatic vegetation management plan. Under the provisions of the bill, violating the prohibition would be subject to a civil penalty between $100 and $10,000 for each act and each day of the violation. An action could be brought to recover the civil penalty by the Texas Parks and Wildlife Department (TPWD), or at the request of TPWD, the Attorney General or a county attorney. Investigation costs, attorney's fees, and other associate costs would also be recoverable by the entity bringing the action. In addition, violation of this prohibition would carry a penalty of a Class C Parks and Wildlife Code misdemeanor.Based on the analysis of the Comptroller of Public Accounts, the fiscal impact of the bill cannot be determined because the number of violations that may occur and the amounts of penalties that would be assessed and collected is unknown. While it is assumed that any state revenue impact would not be significant related to a Class C Parks and Wildlife Code misdemeanor, it would be dependent on the number of offenses committed and the associated court costs. Based on information provided by the Office of Court Administration, no significant impact to the state court system is anticipated.Based on information provided by the Office of the Office of the Attorney General and the TPWD, it is assumed that that any costs associated with the bill could be absorbed using existing resources. Local Government ImpactNo fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 802 Parks and Wildlife Department LBB Staff: b > td > JMc, TUf, MW, RSTE
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 15, 2025
TO: Honorable Will Metcalf, Chair, House Committee on Culture, Recreation & Tourism FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4588 by Orr (Relating to the regulation of aquatic vegetation management by the Parks and Wildlife Department; providing a civil penalty; creating a criminal offense.), As Introduced
TO: Honorable Will Metcalf, Chair, House Committee on Culture, Recreation & Tourism
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB4588 by Orr (Relating to the regulation of aquatic vegetation management by the Parks and Wildlife Department; providing a civil penalty; creating a criminal offense.), As Introduced
Honorable Will Metcalf, Chair, House Committee on Culture, Recreation & Tourism
Honorable Will Metcalf, Chair, House Committee on Culture, Recreation & Tourism
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB4588 by Orr (Relating to the regulation of aquatic vegetation management by the Parks and Wildlife Department; providing a civil penalty; creating a criminal offense.), As Introduced
HB4588 by Orr (Relating to the regulation of aquatic vegetation management by the Parks and Wildlife Department; providing a civil penalty; creating a criminal offense.), As Introduced
The fiscal implications of the bill cannot be determined because the number of violations that may occur and the amount of penalties that would be assessed and collected as well as the number of offenses that may be committed and associated court costs is unknown. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
The fiscal implications of the bill cannot be determined because the number of violations that may occur and the amount of penalties that would be assessed and collected as well as the number of offenses that may be committed and associated court costs is unknown. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
This bill would amend the Parks and Wildlife Code adding sections on the regulation of aquatic vegetation management, civil enforcement and criminal penalty for violation of the regulation.The bill would prohibit a person from undertaking any measures to control aquatic vegetation in a public body of surface water except when the measure follows accepted principles of integrated pest management, and the state or any local aquatic vegetation management plan. Under the provisions of the bill, violating the prohibition would be subject to a civil penalty between $100 and $10,000 for each act and each day of the violation. An action could be brought to recover the civil penalty by the Texas Parks and Wildlife Department (TPWD), or at the request of TPWD, the Attorney General or a county attorney. Investigation costs, attorney's fees, and other associate costs would also be recoverable by the entity bringing the action. In addition, violation of this prohibition would carry a penalty of a Class C Parks and Wildlife Code misdemeanor.Based on the analysis of the Comptroller of Public Accounts, the fiscal impact of the bill cannot be determined because the number of violations that may occur and the amounts of penalties that would be assessed and collected is unknown. While it is assumed that any state revenue impact would not be significant related to a Class C Parks and Wildlife Code misdemeanor, it would be dependent on the number of offenses committed and the associated court costs. Based on information provided by the Office of Court Administration, no significant impact to the state court system is anticipated.Based on information provided by the Office of the Office of the Attorney General and the TPWD, it is assumed that that any costs associated with the bill could be absorbed using existing resources.
Based on the analysis of the Comptroller of Public Accounts, the fiscal impact of the bill cannot be determined because the number of violations that may occur and the amounts of penalties that would be assessed and collected is unknown.
While it is assumed that any state revenue impact would not be significant related to a Class C Parks and Wildlife Code misdemeanor, it would be dependent on the number of offenses committed and the associated court costs.
Based on information provided by the Office of Court Administration, no significant impact to the state court system is anticipated.
Based on information provided by the Office of the Office of the Attorney General and the TPWD, it is assumed that that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 802 Parks and Wildlife Department
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 802 Parks and Wildlife Department
LBB Staff: b > td > JMc, TUf, MW, RSTE
JMc, TUf, MW, RSTE