LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 2, 2001
  
  
          TO:  Honorable Patricia Gray, Chair, House Committee on Public
               Health
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB251  by Keffer (Relating to certification of food
               managers.), Committee Report 1st House, Substituted
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB251, Committee Report 1st House, Substituted:  positive impact      *
*  of $24,743 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.                                                             *
**************************************************************************
  
General Revenue-Related Funds, Five-Year Net Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2002                           $(141,520)  *
          *       2003                              166,263  *
          *       2004                              409,523  *
          *       2005                              433,283  *
          *       2006                              497,543  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
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*Fiscal   Probable Cost from    Probable Revenue    Change in Number of  *
* Year   General Revenue Fund     Gain from New    State Employees from  *
*                0001            General Revenue          FY 2001        *
*                                    Related                             *
*  2002             $(314,320)             $172,800                  3.0 *
*  2003              (300,297)              466,560                  4.0 *
*  2004              (175,297)              584,820                  4.0 *
*  2005              (175,297)              608,580                  4.0 *
*  2006              (175,297)              672,840                  4.0 *
**************************************************************************
  
Technology Impact
  
Four Personnel Computers, Two Notebook Computers, One Desktop Computer
for Grading Test/Score Equipment, Laser for Grading Equipment, Other
Grading Test/Score Equipment, Grading Test/Score Software
  
  
Fiscal Analysis
  
The bill would require the Department of Health (TDH) 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.
It 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 an
examination administered by the department for food manager
certification.
  
  
Methodology
  
According to the Department of Health, four FTEs would be needed to
implement the provisions of the bill. For 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 need in fiscal year 2002).  Totals
for the 2002-03 biennium are estimated to be $218,631 for salaries,
$61,829 for benefits, $21,847 for rent, and $1,838 for travel. One-time
expenses for FY 2002 include $22,500 in operating costs such as modular
units, file cabinets and other office supplies, and $34,972  for
computers, printers and software. In the 2002-2003 biennium, $125,000 in
each year is estimated for test bank development. Total costs in the
2002-2003 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 that 14,208 food managers would be certified statewide during
the 2002-03 biennium. TDH also estimates certificates issued in FY 2004
will be 12,996, 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 for the 2002-03 biennium is $497,280. The bill would also allow
TDH to adopt an examination fee, not to exceed $10.  TDH estimates the
revenue collected from this fee for the 2002-03 biennium would be
$142,080.  The total collected by TDH for these two fees for the 2002-03
biennium is estimated to be $639,360.  The bill would allow TDH to
require fixed or mobile retail food establishments holding permits
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, HD, RM