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