LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
February 12, 2001
TO: Honorable Patricia Gray, Chair, House Committee on Public
Health
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB426 by Tillery (Relating to regulation of cemeteries;
providing civil and criminal penalties.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB426, As Introduced: an impact of $0 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 $0 *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
****************************************************
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 $(239,104) $239,104 4.0 *
* 2003 (196,600) 196,600 4.0 *
* 2004 (191,600) 191,600 4.0 *
* 2005 (191,600) 191,600 4.0 *
* 2006 (191,600) 191,600 4.0 *
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Technology Impact
The bill would require the Texas Funeral Commission to upgrade its data
processing system. Outside consultation and programming costs as well
as equipment purchases and upgrades would be required for the agency to
implement the provision of the bill.
Fiscal Analysis
The bill would amend Chapter 711 of the Health and Safety Code to require
the registration of certain cemeteries with the Texas Funeral Service
Commission. The Commission would charge a registration or renewal fee,
not to exceed $100, to cover the costs of registration. Each certificate
of registration would be valid for one year and would be
non-transferable. A person who violated a provision of this bill would
be subject to a civil penalty of $10,000 per violation. For multiple
offenses by the same person, the total amount of the civil penalties
could not exceed $25,000.
The Commission would recover reasonable expenses that were incurred in
assessing a civil penalty or obtaining an injunction. A person who
knowingly violated a provision of this bill or who interfered with an
investigation by destroying relevant documents or records would commit a
Class A misdemeanor.
This bill would require the Commission to adopt the cemetery registration
rules before January 1, 2002. The prohibition against operating a
unregistered cemetery would not be enforced before January 1, 2003.
This bill would take effect September 1, 2001.
Methodology
The Texas Funeral Commission estimates a need for four additional FTEs to
comply with the provisions of the bill. The agency estimates that 7,000
public cemeteries, 3,500 operators and 227 perpetual care cemeteries in
the state would be regulated by the Commission.
It is assumed the Commission would adjust fees collected by the agency to
offset any costs associated with the bill.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 513 Texas Funeral Service Commission, 304
Comptroller of Public Accounts, 302 Office of the
Attorney General
LBB Staff: JK, HD, RT