LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                                May 7, 1999
  
  
          TO:  Honorable Patricia Gray, Chair, House Committee on Public
               Health
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2293  by Uresti (relating to the certification of food
               managers), Committee Report 1st House, Substituted
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2293, Committee Report 1st House, Substituted:  positive impact     *
*  of $0 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                                   $0  *
          *       2001                                    0  *
          *       2002                                    0  *
          *       2003                                    0  *
          *       2004                                    0  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
**************************************************************************
*Fiscal  Probable (Cost) from   Probable Revenue    Change in Number of  *
* Year   General Revenue Fund   Gain from General  State Employees from  *
*                0001             Revenue Fund            FY 1999        *
*                                     0001                               *
*  2000             $(471,276)             $471,276                  8.0 *
*  2001              (405,877)              405,877                  8.0 *
*  2002              (405,877)              405,877                  8.0 *
*  2003              (405,877)              405,877                  8.0 *
*  2004              (405,877)              405,877                  8.0 *
**************************************************************************
  
Technology Impact
  
Eight personal computers, four notebook computers, two personal computers
for scanmark equipment, two scanmark optical readers, One laser printer,
and custom test development software.
  
  
Fiscal Analysis
  
The bill would require that no person may own, conduct, maintain, manage,
or operate a food establishment in the state unless the person employs a
food manager who holds a food manager certificate issued by the state.
Personnel costs include eight positions, one Sanatarian VI ($41,016) to
oversee the statewide program, one Sanatarian V ($36,132) and two
Sanatarian IV positions ($63,576 total) to oversee test administration
and conduct audits. Two licensing positions ($41,018 total) that will
grade and process the certificates, and two support positions to provide
clerical functions for the program). It is assumed that it would take
three months to hire staff in year one.

Total cost would range from $471,276 in year one, to 405,877 each year
thereafter.  According to TDH, fees would be collected to cover the cost
for administering the program.
  
  
Methodology
  
There are approximately 42,300 food managers statewide that would require
certification.  Food managers would be required to pass an examination
before being issued a certificate.  It is estimated that 525 testing
sites would be established statewide for administering the examinations.
The bill would require certification of an estimated 42,300 food
managers.  It is assumed that turnover will necessitate certification of
new managers each year in addition to the re-certification of managers
every three years.

This would be a statewide program involving the administering of
examinations in all counties of the state.  The exams would be submitted
to the Central Office Program for grading. The test administrators  would
be responsible for certifying and auditing an estimated 525 test sites
per year which includes providing a written report and ensuring
corrective actions are taken as needed to assure test security. There
would be  525 test sites (254 counties x 2 sites per county plus 17 food
protection management courses located in community colleges).

The  Department of Health estimates that approximately 31,725 exams would
be administered, graded, and certificates processed and issued.   For
each year thereafter, it is estimated that approximately 27,495 exams
will be administered, graded, and certificates processed and issued
accordingly including 12,000 replacement cards (lost or stolen cards).
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.  The bill would authorize local county governments and TDH
the same authority as home-rule cities to require certification of food
managers.  The bill would give county governments the authority to
charge a fee to retail food managers for administration of the state
examination.
  
  
Source Agencies:   501   Department of Health
LBB Staff:         JK, TP, ER