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