LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 16, 1997
         
         
      TO: Honorable Steven Wolens, Chair            IN RE:  House Bill No. 2416
          Committee on State Affairs                              By: Danburg
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB2416 ( Relating 
to the creation of the Texas Real Estate Inspector Licensing 
Board and the regulation of real estate inspectors; providing 
a criminal penalty.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB2416-As Introduced   FN Revision 1
         
Implementing the provisions of the bill would result in a net 
negative impact of ($157,600) 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
 
This bill would create a new state agency, the Texas Real Estate 
Inspector Licensing Board (TREILB) and amend Article 6573a, 
Section 23 of The Real Estate License Act  to transfer the authority 
to regulate real estate inspectors from the Texas Real Estate 
Commission (TREC) to the (TREILB).  

The board would be composed 
of nine members: five professional inspectors, three public 
members, and one real estate broker. The board would be authorized 
to adopt rules relating to the licensing and regulation of inspectors, 
to hire employees to administer the bill, and to contract with 
another agency for services. 

This bill would require the 
administrator of TREC to identify records and property relating 
to the licensing of inspectors, including any money in the real 
estate inspector regulation account and the real estate inspection 
recovery fund, and transfer the records and property to the 
new board. 

The bill would also create a new, dedicated unnamed 
fund for the use of the board in the administration of the bill. 
 The Comptroller would be required to credit the new fund with 
money derived from fees, assessments, or charges paid to the 
board under this bill.

The bill would repeal Article 6573a, 
Revised Civil Statutes, relating to the Real Estate Inspection 
Recovery Trust Fund 0988, and would create, in its stead, the 
Inspection Recovery Fund.  To receive a license, a person would 
be required to pay a fee, in addition to other licensing fees, 
of no more than $200 into the Inspector Recovery Fund.

The 
bill also would establish the Inspector Regulation Account as 
a dedicated account in the General Revenue Fund 0001.  The account 
would be funded by transfers of money in excess of $600,000 
from the Inspection Recovery Fund.  Money in this account could 
only be used for the payment of costs incurred by the board 
in regulation of inspectors.

The bill would take effective 
July 1, 1997.
 
Methodolgy
 
It is estimated that a staff of approximately 5 full-time equivalent 
positions (FTEs) plus associated operating cost would be required 
to administer the bill.  This estimate is based on the assumption 
that approximately 1,400 of the currently licensed inspectors 
would apply for certification with the new board.  It is estimated 
that the costs to administer the bill would be approximately 
$400,000 in the first year and $320,000 every year thereafter.

The 
bill would require that all fees, assessments, and charges collected 
under these provisions be placed in the new un-named fund for 
the board's use in the administration of the bill's provisions. 
This analysis assumes that fees would be raised in amounts necessary 
to implement the bill's provisions. In fiscal 1996, real estate 
inspectors paid $34,000 in fees to the commission for deposit 
in the General Revenue Fund.  

As redefined by the bill, 
the Inspection Recovery Fund would be used to reimburse a person 
who suffers actual damages from an act committed by an inspector. 
 If on December 31 of any year, the Inspection Recovery Fund 
balance fell below $300,000, each inspector would be required 
to pay an additional $75 at their next license renewal, or a 
pro rata share to bring the fund to $450,000.  If on December 
31 of any year, the Inspection Recovery Fund balance exceeded 
$600,000, the excess would be transferred into a separate account 
in the General Revenue Fund, known as the Inspector Regulation 
Account, which could only be used by the board in the regulation 
of inspectors.  Based on historical information, transfers of 
$42,000 have been made from Real Estate Inspection Recovery 
Trust Fund 0988 to the General Revenue Fund. 

The unobligated 
and unexpended balance of the fiscal 1997 appropriation to the 
Texas Real Estate Commission for the regulation of real estate 
inspectors would be transferred to the board for the implementation 
of the bill's provisions.  

The bill would create a new special 
fund, a new dedicated account in the General Revenue Fund, and 
new dedicated revenue sources in the State Treasury. The creation 
and/or continuation of special funds and dedicated revenue sources 
outside the General Revenue Fund could further restrict the 
Legislature's ability to appropriate revenues for general operating 
purposes. 
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Six Year Impact:
 
Fiscal Year Probable Revenue   Probable Revenue   Probable           Change in Number   
            Gain/(Loss) from   Gain/(Loss) from   Savings/(Cost)     of State                             
            General Revenue    New - Unnamed Fund from New -         Employees from                       
            Fund                                  Unnamed Fund       FY 1997                              
            0001               NEW-OTH            NEW-OTH                                                  
       1997          ($5,600)            $5,600          ($5,600)                  
       1997          (76,000)           400,000         (400,000)               5.0                  
       1999          (76,000)           320,000         (320,000)               5.0                  
       2000          (76,000)           320,000         (320,000)               5.0                  
       2001          (76,000)           320,000         (320,000)               5.0                  
       2002          (76,000)           320,000         (320,000)               5.0                  
 
 
         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
               1997             ($5,600)
               1998             (76,000)
               1999             (76,000)
               2000             (76,000)
               2001             (76,000)
               2002             (76,000)
 
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:   329   Real Estate Commission
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,JD ,CG