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 ************************************************************************** * 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. * ************************************************************************** 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: ************************************************************************** *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 * ************************************************************************** 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