LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session March 11, 1997 TO: Honorable Edmund Kuempel, Chair IN RE: House Bill No. 1452 Committee on State Recreational Resources By: Gutierrez House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB1452 ( Relating to poaching; providing a penalty.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB1452-As Introduced Implementing the provisions of the bill would result in a net impact of $0 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 seizure and forfeiture of hunting and fishing equipment or a vehicle, vessel firearm or other device used by a person hunting on private or public property, or fishing in public water from private property without landowner consent. The bill would increase the minimum penalty for hunting and fishing without landowner consent from $25 to $300. In addition, the bill provides for license revocation and allows a court to prohibit a person from buying a license for a period of time. Methodolgy Texas Parks and Wildlife Department estimates that the sale of confiscated equipment could result in a gain of $15,000 per year. The agency estimates that an increase in the average fine from $150 to $400 would result in a revenue gain of $85,000 per year, based on the agency's allocation of 85 percent of the fine and 400 citations per year. The local courts retain 15 percent of the fine. The Parks and Wildlife Department also estimates that the agency will experience a loss of $13,000 as a result of license revocation provisions under the bill. In addition, the agency indicates that revoking a license requires an administrative hearing process prior to the surrendering of a license. At a cost of $2500 per hearing, the agency estimates an annual cost of $50,000. 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 Probable Revenue Probable Revenue Savings/(Cost) Gain/(Loss) from Gain/(Loss) from from Game, Fish Game, Fish and Game, Fish and and Water Safety Water Safety Water Safety Account Account Account 0009 0009 0009 1998 ($50,000) $100,000 ($13,000) 1998 (50,000) 100,000 (13,000) 2000 (50,000) 100,000 (13,000) 2001 (50,000) 100,000 (13,000) 2002 (50,000) 100,000 (13,000) 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 $0 1999 0 2000 0 2001 0 2002 0 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. No significant fiscal implication to units of local government is anticipated. According to Texas Parks and Wildlife Department estimates, local courts will retain 15 percent of the revenue generated from higher fines, therefore, the estimated impact to local courts is a revenue gain of $15,000 per year. Source: Agencies: 802 Parks and Wildlife Department LBB Staff: JK ,BB ,DM