LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 17, 1995



 TO:     Honorable Hugo Berlanga, Chair         IN RE:  House Bill No. 2339
         Committee on Public Health                     By: Hirschi
         House of Representatives
         Austin, Texas






FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
2339 (Relating to the management of persons with communicable
diseases and to laboratory tests of mycobacteria.) this office
has determined the following:

The bill would modify provisions in the Health and Safety Code
relating to the management of persons with communicable diseases. 
The bill would specify that a district attorney must file a sworn
written application for court order for the management of persons
with communicable diseases when requested to do so by the health
authority.  The attorney general would be required to do the same
at the request of the Department of Health. 

The bill would specify that a county must pay costs for hearings
or proceedings, including attorney's fees, physician examination
fees, compensation for court-ordered personal services, security,
and expenses of transportation to a designated facility.  The
county would be entitled to reimbursement for costs from persons
who are the subject of the application or persons or estates
liable for the persons' support. 

The bill would also require a laboratory that cultures
mycobacteria to perform tests to identify Mycobacterium
tuberculosis complex and perform drug susceptibility studies on-
site in accordance with rules adopted by the Board of Health.

Some additional costs could potentially accrue to units of local
government, if the modifications in the bill led to a greater
number of court procedures for the management of persons with
communicable diseases.  Costs could potentially accrue to units    




of local government to the extent that the bill's language 
regarding costs that a county must pay does not reflect current
practices.


No significant fiscal implication to the State is anticipated.

The fiscal implication to  units of local government cannot be
determined.


Source:   Department of Health
          LBB Staff: JK, KF, DF