LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
February 25, 1997
TO: Honorable Warren Chisum, Chair IN RE: House Bill No. 1426
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-As Introduced
Implementing the provisions of the bill would result in a
net negative impact of $(196,000) 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 amend provisions in Chapters 401 and 402 of the
Texas Health and Safety Code relating to the regulation of radioactive
materials and the disposal of radioactive waste. The bill would
re-create the Radiation and Perpetual Care Fund Account, and
require that the Health Department (TDH) and the Texas Natural
Resource Conservation Commission (TNRCC) deposit money and security
they receive under Chapter 401, Health and Safety Code, including
administrative penalties collected under Sections 401.384-401.390,
but excluding certain license and registration fees and nuclear
reactor and fixed nuclear facility fees collected by the TDH.
The current statutory minimum for late payment of license fees
would also be removed.
Money and security in the fund may
be administered by TDH only for specific purposes. Currently,
TDH collects fees which fund the Texas Low Level Radioactive
Waste Disposal Authority (the Authority). The bill would provide
that the Authority collect its own fees; no additional savings
or costs were identified as a result of this change.
Methodolgy
Administrative penalties currently collected by TDH are deposited
into the general revenue fund. The bill would direct that these
penalties be deposited into the Radiation and Perpetual Care
Fund. Currently, there is a statutory minimum late fee that
TDH must charge entities that are late in paying their license
fees; the bill would remove this minimum, allowing TDH to charge
a lower late fee. TDH estimates that the amount of funds collected
and deposited into the general revenue fund for late fee penalties
would decrease by approximately $70,000 per year.
The estimated
yearly average for administrative penalty collections would
be approximately $28,000, based on examination of prior violations
and penalties assessed. This amount would be deposited into
the (re-created) Radiation and Perpetual Care 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 Change in Number
Gain/(Loss) from Gain/(Loss) from of State
General Revenue Radiation and Employees from
Fund Perpetual Care FY 1997
Acct
0001 0476
1998 ($98,000) $28,000 0.0
1998 (98,000) 28,000 0.0
2000 (98,000) 28,000 0.0
2001 (98,000) 28,000 0.0
2002 (98,000) 28,000 0.0
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 ($98,000)
1999 (98,000)
2000 (98,000)
2001 (98,000)
2002 (98,000)
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: 526 Low-Level Radioactive Waste Disposal Authority
501 Department of Health
582 Natural Resources Conservation Commission
LBB Staff: JK ,BB ,JH