LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
April 25, 1999
TO: Honorable Bob Hunter, Chair, House Committee on State,
Federal & International Relations
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB817 by Jones, Jesse (Relating to the regulation of
cemeteries and places of burial; providing criminal
penalties.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB817, As Introduced: negative impact of $(74,268) through the *
* biennium ending August 31, 2001. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
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General Revenue-Related Funds, Five-Year Impact:
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* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2001 $(74,268) *
* 2002 (67,768) *
* 2003 (67,768) *
* 2004 (67,768) *
* 2005 (67,768) *
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All Funds, Five-Year Impact:
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*Fiscal Probable Probable Revenue Change in Number of *
* Year Savings/(Cost) from Gain/(Loss) from State Employees from *
* General Revenue Fund General Revenue Fund FY 2000 *
* 0001 0001 *
* 2001 $(204,996) $130,728 6.0 *
* 2002 (198,456) 130,688 6.0 *
* 2003 (198,456) 130,688 6.0 *
* 2004 (198,456) 130,688 6.0 *
* 2005 (198,456) 130,688 6.0 *
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Technology Impact
Both the Historical Commission and the State Library and Archives
Commission estimate that they would require additional automated
equipment/ personal computers for staff to handle workload associated
with implementing the provisions of the bill.
Fiscal Analysis
The bill would amend Chapter 192 of the Natural Resources code (1) to
require that the State Archeologist be notified in the event certain
burials are discovered; (2) to grant the Historical Commission temporary
jurisdiction over certain burials and associated human remains found on
private land for the purpose of protecting, studying, and determining the
appropriate disposition of the burial and associated remains, and (3) to
require the Historical Commission to develop and submit a proposed
workplan to the landowner. Before determining the proper disposition of
the burial, the State Archeologist would be required to determine the
historical, archeological, or scientific significance of the burial,
appoint a bioarcheologist to examine the burial or significant
objects/remains, and make reasonable efforts to identify persons who can
establish relationships with the person whose remains are found.
The bill would also amend the Health and Safety Code to require that
records of interment be filed annually with the State Archives. The bill
would allow the State Archives to collect a fee to defray costs
associated with accepting and processing the records.
Methodology
The fiscal note assumes that the Historical Commission would receive an
average of 1-2 notifications per week, and that two additional FTEs (one
professional archeologist & one clerical position), and associated travel
and other operating costs, would be required to handle and track burial
discovery cases reported to the State Archeologist. Total estimated cost:
$74,268 in 2001, $67,768 in each year thereafter.
The fiscal note assumes, based on information from the Texas Department
of Health Bureau of Vital Statistics, that an estimated 135,000 records
of interment would be filed annually with the State Library and Archives
Commission, and that the State Library and Archives Commission would
require funding for : (1) four additional staff (and associated computer
needs) for arranging, filing, storing, and providing access to the
records ; (2) operating expenses, including microfilming of the records ;
(3) additional equipment for providing copies of records to the public
upon request. These costs would be offset by filing fees collected by
the State Library. Total estimated costs: $130,728 in fiscal year 2001,
$130,688 in each year thereafter.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 808 Historical Commission, 306 Library & Archives
Comm, 304 Comptroller Of Pub Accts
LBB Staff: JK, TH, JH