LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 23, 1995 TO: Honorable Ken Armbrister, Chair IN RE: Committee Substitute Committee on State Affairs for Senate Senate Bill No. 528 Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on Senate Bill No. 528 (Relating to the protection of certain unmarked burials and associated human remains or burial objects and to the creation of certain offenses concerning unmarked burials; providing criminal penalties.) this office has determined the following: The bill would amend Chapter 42, Penal Code, to create an offense, with certain specified exceptions, for knowingly or intentionally damaging, removing, or buying and selling human remains or burial objects from an unmarked burial site. The bill would also amend Title 9, Natural Resources Code, to require that the presence and location of an unmarked burial be reported to a law enforcement officer immediately upon discovery. With certain specific exceptions, the disturbance of or failure to report discovery of such a burial would be an offense punishable by a criminal penalty. The state archeologist would be notified within a specified period of time of any human remains not associated with a crime and would be required to notify appropriate tribal or ethnic groups, where applicable, and consult with them regarding disposition. The Historical Commission has indicated that if the current level of resources for the Office of the State Archeologist is maintained, it would have adequate staffing to handle the anticipated workload and manage the unmarked burial data generated by the legislation. The bill would have no additional impact on local governments since law enforcement is already notified of unmarked burial discoveries. No fiscal implication to the State or units of local government is anticipated. Source: LBB Staff: JK, BR, DF Natural Resources Conservation Commission, Historical Commission, Preservation Board