LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 18, 1995



 TO:     Honorable Judith Zaffirini, Chair      IN RE:  Senate Bill No. 544
         Committee on Health & Human Services           By: Truan
         Senate
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
544 (Relating to the regulation of lead-based paint activities
and hazards; providing civil, administrative, and criminal
penalties.) this office has determined the following:

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 bill would create a regulatory program at the Texas
Department of Health to certify persons involved in lead-based
paint activity.  The bill specifies a number of areas in which
the Board of Health may adopt standards and rules to carry out
the program described in the bill.  A technical advisory
committee would be appointed by the Board to advise the Board on
matters related to lead-based paint activity.  The technical
advisory committee would be subject to Article 6252-33, Revised
Statutes, which governs reimbursement of expenses for advisory
committee members.  The bill would take effect September 1, 1995.

The bill directs the Board to adopt fees as reasonable and
necessary to cover the cost of administering the program.  Fees
are to be deposited into the general revenue fund and may only be
used by the Department for the purpose of administering the
program.  The bill further stipulates that not more than 25
percent of the funds collected under this article may be applied
to administrative costs. The remainder of the money would be used
for additional enforcement personnel necessary to investigate
compliance.    




 
It is possible that federal funds would be made available to the
state for lead-based paint activity once the provisions of this
bill were implemented.  However, the amount that would become
available cannot be determined.

Costs would accrue to units of local government engaging in lead-
based paint activity for certifying personnel performing these
duties.  It is assumed that some amount of federal funds would be
made available to units of local government for lead-based paint
activity.  The Department of Health estimates this amount at a
minimum of $4,000,000 for fiscal year 1996.











The probable fiscal implication of implementing the provisions of
the bill during each of the first  five years following passage
is estimated as follows:
     



            Fiscal  Probable Cost Out    Probable Revenue      Change in    
             Year      of  General      Gain to   General   Number of State 
                     Revenue Fund 001    Revenue Fund 001    Employees from 
                                                                FY 1995     
                                                                            
          1996                $622,506            $622,506              14.0
          1997                 982,644             982,644              22.0
                                                                            
          1998                 876,644             876,644              22.0
                                                                            
          1999                 876,644             876,644              22.0
          2000                 876,644             876,644              22.0
                                                                            
                                                                            
                                                                            
       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect


Source:   Texas Department of Health, Department of Housing and
Community Affairs
          LBB Staff: JK, KF, DF