LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 9, 1997
TO: Honorable John Whitmire, Chair IN RE: Senate Bill No. 810
Committee on Criminal Justice By: Barrientos
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB810 ( Relating
to the protection of certain unmarked burials and associated
human remains or funerary objects and to the creation of certain
offenses concerning unmarked burials; providing criminal penalties.)
this office has detemined the following:
Biennial Net Impact to General Revenue Funds by SB810-As Introduced
Implementing the provisions of the bill would result in a net
negative impact of ($110,040) 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 Chapter 42, Penal Code and Title 9, Natural
Resources Code, to create offenses, with certain specified exceptions,
for (1) knowingly or intentionally disturbing or buying, selling,
or bartering human remains or burial objects from an unmarked
burial site; (2) failure to notify the proper authorities if
one has knowledge that such an activity is taking place; (3)
failure to report the presence and location an unmarked burial
to a law enforcement officer or the state archeologist immediately
upon discovery; (4) knowingly displaying human remains for profit
or aiding and abetting a commercial enterprise displaying human
remains.
The bill specifies that if a site contains human
remains and it is necessary to move objects in order to continue
the construction or other project, the state archeologist or
sheriff shall require that the move be made in a manner that
least disturbs and best preserves the objects. If a site is
believed to contain human remains, the law enforcement officer
or state archeologist is required to notify the landowner and
medical examiner. The bill requires the state archeologist,
when applicable, to inform landowners and other parties of the
measures needed to protect a site; to notify appropriate tribal
or ethnic groups and provide consultation regarding treatment,
study, and disposition; to place for curation any unclaimed
Native American remains and funerary objects; to notify private
land owners of disturbances on their property, and upon request
of the landowner, to provide consultation concerning treatment
of remains and objects.
The bill would grant the Historical
Commission rulemaking authority to implement the provisions
of the bill. The bill would take effect September 1, 1997.
Methodolgy
The Historical Commission currently receives an average of one
report per week related to unmarked burials. The commission
expects that at a minimum, the number of reports received will
remain at the current level. However, given that failure to
report discovery of an unmarked burial would constitute an offense,
it is very likely that this number will actually increase upon
passage of this bill. It is estimated that an additional 1.5
FTEs ( one archeologist and one part-time clerical support position)
would be required to properly handle and track these burial
discovery reports, conduct case work activities, and provide
consultations and general assistance to landowners and other
affected parties. Costs associated with these FTEs are estimated
at approximately $44,270 in each year. Costs related to travel,
equipment, operating expenses, and professional services are
also included in this estimate.
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 Change in Number
Savings/(Cost) of State
from General Employees from
Revenue Fund FY 1997
0001
1998 ($54,770) 1.5
1998 (55,270) 1.5
2000 (55,270) 1.5
2001 (55,270) 1.5
2002 (55,270) 1.5
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 ($54,770)
1999 (55,270)
2000 (55,270)
2001 (55,270)
2002 (55,270)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect and as long as unmarked
burial discoveries are made. It is anticipated that discoveries
of burials will continue as more development projects are undertaken
in response to population growth.
No fiscal implication to units of local government is anticipated
since law enforcement is usually already notified of unmarked
burial discoveries.
Source: Agencies: 808 Historical Commission
LBB Staff: JK ,CB ,JA