LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 8, 1997
         
         
      TO: Honorable Hugo Berlanga, Chair            IN RE:  House Bill No. 2322
          Committee on Public Health                              By: Maxey
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB2322 ( Relating 
to the regulation of certain food establishment personnel; providing 
a penalty.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB2322-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 provide for the regulation of certain food establishment 
personnel by the Texas Department of Health.  The bill would 
require persons owning, conducting, managing, or operating a 
food establishment to employ a food manager who holds a food 
manager certificate.  The bill would require the Board of Health 
to adopt fees in amounts reasonable and necessary to administer 
the provisions of the bill.  The bill would authorize certain 
types of local governments to enforce the regulation of certain 
food establishment personnel.  The bill contains administrative 
penalty provisions.  Administrative penalty amounts collected 
would be deposited to the credit of the general revenue fund.
 
Methodolgy
 
It is estimated that there are approximately 27,000 individuals 
that would need to be certified.  Eight full-time equivalent 
positions would be added in order to provide for examinations, 
enforcement, and other regulatory functions.
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        ($406,334)          $406,334               8.0                                    
       1998         (388,806)           388,806               8.0                                    
       2000         (388,806)           388,806               8.0                                    
       2001         (388,806)           388,806               8.0                                    
       2002         (388,806)           388,806               8.0                                    
 
 
         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                   $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.
          
The bill would authorize local county governments to enforce 
the regulation of food managers.  The bill would authorize certain 
units of local government to assess a fee for food manager examinations.
          
   Source:            Agencies:   501   Department of Health
                                         
                      LBB Staff:   JK ,BB ,KF