LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 17, 1997
         
         
      TO: Honorable J.E. "Buster" Brown, Chair            IN RE:  House Bill No. 1759, As Engrossed
          Committee on Natural Resources                              By: Hirschi
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB1759 ( Relating 
to the pesticide use and application program.) this office has 
detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB1759-As Engrossed
         

Implementing the provisions of the bill would result in a 
net positive impact of $387,613 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 relating to who must apply for 
an original or renewal noncommercial pesticide applicator license. 
 Current law exempts noncommercial pesticide applicators employed 
by governmental entities from paying license and renewal fees. 
 This bill would remove that exemption and allow regulatory 
agencies to set fees in amounts necessary to defray the administrative 
costs for pesticide applicator certification programs.  
 
Methodolgy
 
The Texas Department of Agriculture (TDA) currently licenses 
most noncommercial pesticide applicators.  The department estimates 
that 2,000 noncommercial applicators, who are currently exempt 
from license fees, would become subject to them.  TDA estimates 
that new licenses would generate $200,000 per year in additional 
revenue for the General Revenue Fund.  Costs to the department 
were estimated to be $6,871 the first year and $5,576 each year 
thereafter. 

TDA also estimates that many of the new licensees 
are employed by the State of Texas and revenue collected from 
those new licenses may be paid from other state funds.  This 
estimate assumes no additional cost to state agencies.  

The 
Health Department (TDH) would be authorized to license and examine 
noncommercial pesticide applicators, particularly those involved 
with mosquito control.  TDH assumes that first-year expansion 
of duties and staff will be phased in as current licenses expire 
on the last day of February, 1998.  Additional duties imposed 
by the bill are estimated at $108,015 in fiscal 1998 and $149,046 
annually beginning in fiscal year 1999.   Four new FTEs would 
also be required.  The bill would allow cost recovery through 
fees, and TDH assumes fees will be set in amounts sufficient 
to defray administrative costs.  
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   Change in Number   
            Savings/(Cost)     Gain/(Loss) from   of State                                                
            from General       General Revenue    Employees from                                          
            Revenue Fund       Fund               FY 1997                                                 
            0001               0001                                                                        
       1998        ($114,826)          $308,015               4.2                                    
       1998         (154,622)           349,046               4.2                                    
       2000         (154,622)           349,046               4.2                                    
       2001         (154,622)           349,046               4.2                                    
       2002         (154,622)           349,046               4.2                                    
 
 
         Net Impact on General Revenue Related Funds:
 

 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998             $193,189
               1999              194,424
               2000              194,424
               2001              194,424
               2002              194,424
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
The Health Department estimates that 85% of the noncommercial 
pesticide applicator licensees under its jurisdiction will be 
employees of local governments.  Should local governments choose 
to pay license, exam, and/or renewal  fees, the estimated fiscal 
impact to local governments would be $49,375 in fiscal year 
1998, and $63,750 each year thereafter.
          
   Source:            Agencies:   551   Department of Agriculture
                                         501   Department of Health
                                         582   Natural Resources Conservation Commission
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,BB ,JH