LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 18, 1997
         
         
      TO: Honorable Warren Chisum, Chair            IN RE:  House Bill No. 1426, Committee Report 1st House, Substituted
          Committee on Environmental Regulation                              By: Chisum
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB1426 ( Relating 
to the regulation of radioactive materials and other sources 
of radiation and to the disposal of radioactive waste.) this 
office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB1426-Committee Report 1st House, Substituted
         

Implementing the provisions of the bill would result in a 
net negative impact of $(56,000) to General Revenue Related 
Funds through the biennium ending August 31, 1999.
         
The bill would make no appropriation but could provide the legal 
basis for an appropriation of funds to implement the provisions 
of the bill.

         
 
Fiscal Analysis
 
The bill would allow the Department of Health (TDH) or the Natural 
Resource Conservation Commission (TNRCC) to exempt certain sources 
of radiation from the application of certain rules under certain 
conditions.  The bill would re-create the Radiation and Perpetual 
Care Fund Account, and require that TDH and 
TNRCC deposit 
money and security they receive under Chapter 401, Health and 
Safety Code, including administrative penalties, but excluding 
certain other fees.  The bill would provide for administrative 
penalties for certain violations.   
 
Methodolgy
 
According to TDH, administrative penalties collected under the 
bill would be deposited into the Radiation and Perpetual Care 
Fund to be used for mitigation of radiation contamination and 
the disposal of impounded radiation sources.  According to TDH, 
administrative penalty amounts for the last five years were 
totaled and the yearly average was calculated to estimate the 
amount of penalties that would be deposited into the Radiation 
and Perpetual Care Fund.   The penalties would be deposited 
into this fund instead of the General Revenue Fund.  
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable Revenue   Probable Revenue   
            Gain/(Loss) from   Gain/(Loss) from                                                           
            General Revenue    Radiation and                                                              
            Fund               Perpetual Care                                                             
                               Fd Acct                                                                    
            0001               0476                                                                        
       1998         ($28,000)           $28,000                                                      
       1998          (28,000)            28,000                                                      
       2000          (28,000)            28,000                                                      
       2001          (28,000)            28,000                                                      
       2002          (28,000)            28,000                                                      
 


 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998            ($28,000)
               1999             (28,000)
               2000             (28,000)
               2001             (28,000)
               2002             (28,000)
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No fiscal implication to units of local government is anticipated.
          
   Source:            Agencies:   501   Department of Health
                                         
                      LBB Staff:   JK ,BB ,JH