LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  March 18, 1997
         
         
      TO: Honorable Warren Chisum, Chair            IN RE:  House Bill No. 1759
          Committee on Environmental Regulation                              By: Hirschi
          House
          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 Introduced
         

Implementing the provisions of the bill would result in a 
net positive impact of $923,824 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 the use of waste 
tire recycling fees and would allow a portion of the fees ($50,000) 
to be appropriated to the Texas Department of Health (TDH) for 
use in administering its pesticide use and application program. 
 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 under the bill an additional 3,000 noncommercial applicators 
who presently apply general use pesticides would need to obtain 
licenses.  In addition, 2,000 noncommercial applicators, who 
are currently exempt from license fees, would become subject 
to them.  TDA estimates that new licensees would generate $500,000 
per year in additional revenue for the General Revenue Fund. 
 Costs to the department were estimated to be $15,175 the first 
year and $13,940 each year thereafter. 

TDA also estimates 
that many of the new licensees could be state employees, but 
the bill is not clear as to whether the employees or their agency 
would be responsible for payment of fees.  This estimate assumes 
no additional cost to state agencies.  

The Health Department 
would be authorized to license and examine noncommercial pesticide 
applicators, particularly those involved with mosquito control. 
 TDH estimates that for the first year there would be approximately 
500 examinations administered and about 264 license renewals. 
 At $50 per exam fee and $125 per license fee, proceeds to the 
General Revenue Fund are estimated to be $58,000.  Costs to 
administer the program in the first year are estimated to be 
$108,000.  In subsequent years, revenue from exam and license 
fees is estimated to be $99,050 and costs are estimated to be 
$149,046.  

The Health Department assumes that additional 
revenue to fund the program will be appropriated from waste 
tire recycling receipts.  This estimate assumes that any appropriation 
to TDH from these receipts would not affect funding for Texas 
Natural Resource Conservation Commission programs.  
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           Probable Revenue   Change in Number   
            Savings/(Cost)     Savings/(Cost)     Gain/(Loss) from   of State                             
            from General       from Waste Tire    General Revenue    Employees from                       
            Revenue Fund       Recycling          Fund               FY 1997                              
                               Account/                                                                   
                               GR-Dedicated                                                               
            0001               5001               0001                                                     
       1998         ($73,730)         ($50,000)          $558,000               4.5                  
       1998         (112,986)          (50,000)           599,046               4.5                  
       2000         (112,986)          (50,000)           599,046               4.5                  
       2001         (112,986)          (50,000)           599,046               4.5                  
       2002         (112,986)          (50,000)           599,046               4.5                  
 
 
         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             $484,270
               1999              486,060
               2000              486,060
               2001              486,060
               2002              486,060
 
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