LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 19, 1999
  
  
          TO:  Honorable Patricia Gray, Chair, House Committee on Public
               Health
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2805  by Garcia (Relating to the regulation of ice
               cream push cart vendors; providing a criminal penalty.),
               As Introduced
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2805, As Introduced:  negative impact of $(151,134) 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                            $(72,792)  *
          *       2001                             (78,342)  *
          *       2002                             (78,342)  *
          *       2003                             (78,342)  *
          *       2004                             (78,342)  *
          ****************************************************
  
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              $(97,392)              $24,600                  2.0 *
*  2001              (102,942)               24,600                  2.0 *
*  2002              (102,942)               24,600                  2.0 *
*  2003              (102,942)               24,600                  2.0 *
*  2004              (102,942)               24,600                  2.0 *
**************************************************************************
  
Technology Impact
  
Two personal computers and one notebook computer($6,200). 
  
  
Fiscal Analysis
  
The bill would require the regulation of ice cream push cart vendors by
the Texas Department of Health (TDH) and provide a criminal penalty.
An ice cream push cart vendor would not furnish ice cream to the public
unless the vendor holds a certificate from TDH and has paid TDH a fee of
$25 for an initial or renewal certificate.
  
  
Methodology
  
It is estimated that there are an estimated 984 ice cream push cart
vendors statewide requiring an inspection.  Vendors would be inspected
two times per year in order to determine compliance with TDH rules (984
vendors X 2 inspections = 1,968 inspections per year).

Travel will be statewide and it is estimated that the travel and per diem
cost will be $500 per trip.  It will take 48 trips to inspect each
vendor two times per year ($500 X 48 trips = $24,000 travel per year).

Personnel costs include two positions to implement and administer the
program and provide enforcement and compliance, one Sanitarian IV
($23,841 in year one and $31,788 each year thereafter) to conduct
inspections statewide.  One Administrative Technician II position
($16,389 in year one and $21,852 each year thereafter) to issue the
licenses and provide clerical support.

Fees would be set at $25 that a vendor would pay TDH for a license (984
vendors X $25 fee  = $24,600 revenue). The cost reflects a 25 percent
phase-in for FY2000 for agency costs and includes start-up costs for
equipment and supplies.

Total costs would range from $97,393 in year one, to $102,942 each year
thereafter.  These cost include salaries, travel, rent and operating
expenses, and computers.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   501   Department of Health
LBB Staff:         JK, TH, ER