LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 8, 1999
  
  
          TO:  Honorable Patricia Gray, Chair, House Committee on Public
               Health
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB1155  by Lewis, Ron (Relating to the regulation of
               tanning facilities.), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB1155, As Introduced:  positive impact of $25,246 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.                                                             *
**************************************************************************
  

  
General Revenue-Related Funds, Five-Year Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2000                             $(7,930)  *
          *       2001                               33,176  *
          *       2002                               33,176  *
          *       2003                               33,176  *
          *       2004                               33,176  *
          ****************************************************
  
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 1999        *
*                0001                 0001                               *
*  2000             $(232,930)             $225,000                  4.0 *
*  2001              (191,824)              225,000                  4.0 *
*  2002              (191,824)              225,000                  4.0 *
*  2003              (191,824)              225,000                  4.0 *
*  2004              (191,824)              225,000                  4.0 *
**************************************************************************
  
Technology Impact
  
Four personal computers, one notebook computer, and one laser printer
would be purchased for $12,700.
  
  
Fiscal Analysis
  
The bill would amend the Health and Safety Code, Chapter 145, and add the
definition for the Fitzpatrick scale.  The bill would add a new
requirement for tanning facility customer records to include the
information related to the Fitzpatrick scale for classifying skin type,
family history of skin cancer, and customer skin cancer history.  The
bill would require the tanning facility to maintain an incident log and
to provide each licensing applicant with a written copy of the
Fitzpatrick scale. The warning sign would include a toll-free telephone
number to report an injury regarding a tanning device or facility to the
Department of Health.  This section would require TDH by rule to
determine posting requirements to include three color photographs on the
warning signs.  The bill would not allow a person younger than 18 years
of age to use a tanning device.

Personnel costs would include 4 positions (1 program specialist, 1
investigator, 1 information specialist, and 1 support position) to
implement and administer the program as well as provide enforcement and
ensure compliance with these provisions.  The bill would amend Section
145.010 requiring the Department of Health by rule to increase the
license fee collected under this section to allow the department to
recover its costs in implementing the new public education requirement,
which by statute, allows  the collection of fees for the issuance of the
licenses.
  
  
Methodology
  
It is assumed that the public education program would require
dissemination of  information on a statewide basis to include training
sessions, satellite downlink presentations, videotape presentations, and
web-site information.  It is also estimated that the toll-free telephone
number would generate approximately 127 complaints which would result in
complaint investigations and 64 routine inspections.

It is assumed that travel for the Environmental Specialist (investigator)
would be an average of 20 times per year, at an average cost of $479 per
trip (20 x 479 = $9,580)  to conduct complaint investigations and
inspections.  The Program Specialist would travel an average of 20 times
per year, at an average cost of $403 per trip (20 x 403 = $8,060) to
provide training and education to the public and industry.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   
LBB Staff:         JK, TP, ER