LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
April 20, 1999
TO: Honorable Patricia Gray, Chair, House Committee on Public
Health
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1971 by Zbranek (relating to the release of information
associated with food borne illness, regulation of the
distribution of molluscan shellfish, collection and use
of the Oyster Sales Fee, regulation of the harvesting of
molluscan shellfish, promotion and advertisement of the
Texas Oyster Industry, and research regarding oyster
diseases and organisms associated with oysters which may
cause human illness), As Introduced
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* Estimated Two-Year Net Impact to General Revenue Related Fundsfor *
* HB1971, As Introduced: negative impact of $(2,687,441) 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 $(1,322,938) *
* 2001 (1,364,503) *
* 2002 (1,252,643) *
* 2003 (1,252,643) *
* 2004 (1,252,643) *
****************************************************
All Funds, Five-Year Impact:
***********************************************************************
*Fiscal Probable Probable Probable Probable Change in *
* Year Savings/ Savings/ Revenue Revenue Number of *
* (Cost) from (Cost) from Gain/(Loss) Gain/(Loss) State *
* General Oyster from from Oyster Employees *
* Revenue Sales General Sales from FY 1999 *
* Fund Account/ Revenue Account/ *
* 0001 GR- Fund GR- *
* Dedicated 0001 Dedicated *
* 5022 5022 *
* 2000 $(159,531) $6,000 $(6,000) 23.0 *
* $(1,328,938) *
* 2001 (1,370,503) 167,672 6,000 (6,000) 28.0 *
* 2002 (1,258,643) (58,372) 6,000 (6,000) 25.0 *
* 2003 (1,258,643) (58,372) 6,000 (6,000) 25.0 *
* 2004 (1,258,643) (58,372) 6,000 (6,000) 25.0 *
***********************************************************************
Technology Impact
Technology impact includes laboratory equipment in the amount of $37,000
and 10 computers in FY 2000 and five additional computers in FY 2001 at
$2,500 each.
Fiscal Analysis
The bill would require that a case control study establish an
epidemiological link to an implicated food before information related to
a food borne or suspected food borne illness could be related to the
public.
The bill would require the Texas Department of Health (TDH) to conduct
the necessary activities to allow production of oysters from private
oyster leases during the months of May through October of each year,
including conducting sanitary surveys, sampling activities, and
implementing a monitoring and enforcement program investigating possible
temperature abuse on product from harvesting through retail.
The bill would also create the Texas Oyster Council (TOC) to advise the
Board of Health on matters relating to oysters and would create the
Oyster Advisory Committee (OAC) to advise the Texas Department of
Agriculture (TDA) on promotion and advertisement of the Texas oyster
industry. The bill would allow the TDA to promote the Texas industry and
use a portion of Oyster Sales Fee funds provided for administrative
purposes. Members of both the TOC and the OAC would serve without
compensation or reimbursement of expenses.
The bill would allow Texas A&M University at Galveston to conduct studies
to investigate and provide information about oyster diseases and
organisms which may be associated with human illness and transmitted
through the consumption of oysters.
The bill would allow the Comptroller of Public Accounts (CPA) to adopt
procedures for submission of fees. The CPA would be required to report
monthly on fees and penalties collected to the TDH. Two percent of the
fees collected would be deposited in the state treasury for the use of
the CPA in administration. The remainder would continue to be deposited
to the credit of the Oyster Sales Account. The bill would add a penalty
for packing oysters in sacks exceeding 110 pounds.
Methodology
TDH anticipates that the provision requiring the establishment of an
epidemiological link would require the TDH to assist local health
departments and provide epidemiological support. Additional staff,
travel, and laboratory costs are assumed to implement this provision.
Total General Revenue costs are as follows: $605,855 in FY 2000;
$539,228 in FY 2001; $442,118 in FY 2002; $442,118 in FY 2003; and
$442,118 in FY 2004. A total of nine FTEs are associated with this
provision.
TDH assumes a need for a total of 30.7 additional FTE positions and
approximately $2.1 million in FY 2000 and $2.3 million in subsequent
years to implement a monitoring and enforcement program at the wholesale,
retail, and transportation levels of oyster production. These costs
have been adjusted downward to reflect the six months of operation of the
oyster season.
One additional FTE and associated operating costs are assumed in order to
determine the levels of Vibrio parahaemoliticus in oysters. The total
annual costs for this are assumed to come from Oyster Sales Account fees
and are as follows: $49,431 in FY 2000; $58,372 in FY 2001; $58,372 in
FY 2002 and subsequent years.
Texas A&M University System identified costs of $110,100 in FY 2000 and
$109,300 in FY 2001 associated with the studies to be conducted. It is
assumed that these costs would come from Oyster Sales Account fees.
The CPA identified no significant administrative costs to the CPA for
implementation of the bill. There would be a slight ($6,000) estimated
gain to the General Revenue Fund and offsetting loss to the Oyster Sales
Account in association with the provision that two percent of the
revenue would be first deposited into the state treasury. According to
the CPA, the fiscal impact of provisions in the bill relating to
penalties cannot be determined since the number of violations is not
known.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated. It is assumed that additional responsibilities in
association with the provision requiring a case control study to
establish an epidemiological link of food borne illness would be assumed
by the state if local health departments were unable to respond rapidly.
Source Agencies: 720 The University of Texas System Administration,
304 Comptroller of Public Accounts, 501
Department of Health
LBB Staff: JK, BB, TP, KF