LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 10, 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.), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB3085, As Introduced:  negative impact of $(250,384) 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                            $(39,295)  *
          *       2003                            (211,089)  *
          *       2004                            (185,589)  *
          *       2005                            (185,589)  *
          *       2006                            (185,589)  *
          ****************************************************
  
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)                   $0                  0.3 *
*  2003              (217,089)                6,000                  4.0 *
*  2004              (191,589)                6,000                  4.0 *
*  2005              (191,589)                6,000                  4.0 *
*  2006              (191,589)                6,000                  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.
  
  
Methodology
  
The Department of Health (TDH) assumes 5,000 manufacturers in the state
would be required to notify and file disclosures with the department.
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.  It is assumed rule making and other start up issues would
result in an implementation delay of eleven months.  Therefore, staffing
and related operating costs are for one month in fiscal year 2002 in the
table above.

It is assumed for fiscal years 2003 through 2006, there would be 12
negotiated settlements relating to violations per year, resulting in the
revenue gain shown above of $6,000 per year.
  
  
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