LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 11, 2001
  
  
          TO:  Honorable David Sibley, Chair, Senate Committee on
               Business & Commerce
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB251  by Keffer (Relating to certification of food
               managers.), As Engrossed
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB251, As Engrossed:  positive impact of $24,543 through the          *
*  biennium ending August 31, 2003.                                      *
*                                                                        *
*  The bill would make no appropriation but could provide the legal      *
*  basis for an appropriation of funds to implement the provisions of    *
*  the bill.                                                             *
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General Revenue-Related Funds, Five-Year Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2002                           $(140,020)  *
          *       2003                              164,563  *
          *       2004                              407,823  *
          *       2005                              431,583  *
          *       2006                              498,843  *
          ****************************************************
  
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 2001        *
*                0001                 0001                               *
*  2002             $(312,820)             $172,800                  3.0 *
*  2003              (301,997)              466,560                  4.0 *
*  2004              (176,997)              584,820                  4.0 *
*  2005              (176,997)              608,580                  4.0 *
*  2006              (173,997)              672,840                  4.0 *
**************************************************************************
  
Technology Impact
  
Four Personnel Computers, 2 Notebook Computers, 1 Grading Test/Score
Equipment, 1 Desktop Computer for Grading Test/Score Equipment; 1 Laser
for Grading Equipment ; 1 Grading Test/Score Software.
  
  
Fiscal Analysis
  
The bill would require the Department of Health to establish a
certification program for food managers and by rule prescribe the
requirements for issuing and renewing a food manager certificate. The
bill would require adoption of the rules not later than January 1, 2002.
The bill would also require TDH to adopt criteria to approve
examinations and select examination sites. The bill would allow TDH to
adopt a fee, not to exceed $35, for issuance and renewal of a food
manager certificate. The bill would also allow TDH to adopt a fee, not
to exceed $10, for administering a food manager examination.
  
  
Methodology
  
According to the Department of Health, four FTEs would be needed to
implement the provisions of the bill.  FY 2002, salary, benefits, rent
and travel are estimated assuming a 3 month start-up period. ( It is
assumed that only three FTEs would be needed in fiscal year 2002.)  It is
assumed that for the 2002-03 biennium, costs would include $218,631 for
salaries, $61,829 for benefits, $21,847 for rent, and $1,838 for travel.
Other operating expenses in FY 2002  would be $22,500 for items such as
modular units, file cabinets and other office supplies and $3,200 in FY
2003-06.  One-time cost would be $34,972 for computers, printers and
software.  In the 2002-03 biennium, TDH estimates costs of $125,000 in
each year for test bank development. Total cost in the 2002-03 biennium
is estimated to be $614,616.

The bill allows TDH to adopt a fee for food manager certification not to
exceed $35 for issuance or renewal after five years.  The department
estimates 14,208 food managers would be certified statewide during the
2002-03 biennium. TDH also estimates it would issue 12,996 certificates
in FY 2004, 13,524 in FY 2005 and 14,952 in FY 2006, based on 70%
turnover rate. At $35 per certification, the estimated revenue collected
in fees would be $497,280.  The bill would also allow TDH to adopt an
examination fee, not to exceed $10. TDH estimates total revenue
collected from this fee for the 2002-03 biennium would be $142,080. The
total collected by TDH from these fees for the 2002-03 biennium is
estimated to be $639,360.  The bill would allow TDH to require a fixed
or mobile retail food establishment holding a permit issued by the state
to employ a certified food manager beginning February 1, 2002.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   501   Texas Department of Health
LBB Staff:         JK, JO, RM