LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 3, 1999
TO: Honorable Jane Nelson, Chair, Senate Committee on Health
Services
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1891 by Gallegos (Relating to the regulation of ice
cream pushcart vendors; providing a criminal penalty.),
As Introduced
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB1891, As Introduced: positive impact of $119,466 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 $99,408 *
* 2001 20,058 *
* 2002 20,058 *
* 2003 20,058 *
* 2004 20,058 *
****************************************************
All Funds, Five-Year Impact:
**************************************************************************
*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) $196,800 2.0 *
* 2001 (102,942) 123,000 2.0 *
* 2002 (102,942) 123,000 2.0 *
* 2003 (102,942) 123,000 2.0 *
* 2004 (102,942) 123,000 2.0 *
**************************************************************************
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
$200 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 $200 that a vendor would pay TDH for a license (984
vendors X $200 fee = $196,800 revenue) and an inspection fee of $125
each year thereafter (984 x 125 = 123,000).
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, TP