LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 7, 2001
  
  
          TO:  Honorable Patricia Gray, Chair, House Committee on Public
               Health
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3085  by Burnam (Relating to the regulation of the sale
               and use of products containing mercury; providing a
               penalty.), Committee Report 1st House, Substituted
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB3085, Committee Report 1st House, Substituted:  positive impact     *
*  of $6,000 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                                   $0  *
          *       2003                                6,000  *
          *       2004                                6,000  *
          *       2005                                6,000  *
          *       2006                                6,000  *
          ****************************************************
  
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              $(39,295)              $39,295                  0.3 *
*  2003              (217,089)              223,089                  4.0 *
*  2004              (191,589)              197,589                  4.0 *
*  2005              (191,589)              197,589                  4.0 *
*  2006              (191,589)              197,589                  4.0 *
**************************************************************************
  
Fiscal Analysis
  
The bill would require the Department of Health to regulate the sale and
use of products containing mercury and to implement a public education
and outreach program.  The department would be authorized to establish
and implement a multi-state clearinghouse for the distribution of
mercury information.  The bill would be effective May 1, 2002.
  
  
Methodology
  
The Department of Health (TDH) assumes 5,000 manufacturers would be
required to notify and file disclosures with the department.  TDH would
be required to charge a fee for notifications (estimated to be $40) to
cover the costs of administration.  Approximately 1,200 businesses would
be inspected annually by the department to determine compliance.  These
provisions would require staff, travel, and operating costs.  Other
costs would include testing of 100 product samples annually by a private
laboratory for the presence of mercury and additional enforcement
activities relating to non-compliant businesses.  A three month
implementation period is assumed.
  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   501   Texas Department of Health
LBB Staff:         JK, HD, KF, RM