LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 5, 2001 TO: Honorable J.E. "Buster" Brown, Chair, Senate Committee on Natural Resources FROM: John Keel, Director, Legislative Budget Board IN RE: SB305 by Harris (Relating to the continuation and functions of the Texas Parks and Wildlife Department.), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB305, Committee Report 1st House, Substituted: positive 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 Probable Probable Change in * * Year Savings/ Savings/ Savings/ Savings/ Number of * * (Cost) from (Cost) from (Cost) from (Cost) from State * * Game, Fish Game, Fish State Parks State Parks Employees * * and Water and Water Account/ Account/ from FY 2001 * * Safety Safety GR- GR- * * Account/ Account/ Dedicated Dedicated * * GR- GR- 0064 0064 * * Dedicated Dedicated * * 0009 0009 * * 2002 $115,000 $(50,000) $115,000 $(150,000) 0.0 * * 2003 115,000 0 115,000 (100,000) 0.0 * * 2004 115,000 0 115,000 (100,000) 0.0 * * 2005 115,000 0 115,000 (100,000) 0.0 * * 2006 115,000 0 115,000 (100,000) 0.0 * *********************************************************************** Fiscal Analysis The Parks and Wildlife Department (TPWD) underwent Sunset review during fiscal year 2000, and will be abolished on September 1, 2001, unless continued by the Legislature. The proposed bill amends the Parks and Wildlife Code to continue the Department for 12 years, until September 1, 2013, and makes several statutory modifications (see below). *Requires TPWD to assess the state's natural and cultural conservation and recreational resource needs, and base acquisition, divestiture and major operational decisions on this assessment. *Requires the Parks and Wildlife Commission to establish policies guiding the Department's relationship with an official foundation partner. *Directs the Parks and Wildlife Commission to take public input before major decisions are made by any committee that constitutes a quorum. *Establishes standard business oversight mechanisms for the Department's commercial ventures. *Requires TPWD to evaluate outreach and education efforts for effectiveness and duplication. *Requires the Department to examine capital projects for appropriate funding and staffing methods, and outsourcing potential. *Directs TPWD to focus its conservation assistance to private landowners. *Adopts the recommendations of the Texas Cultural Heritage Plan. *Prohibits promotion of alcohol and tobacco in TPWD operations, events, and publications, including the fishing and hunting regulations guide. *Requires the Department to conduct a study of the Texas Gulf Coast shrimp resources and industry. Methodology Section 14: Requires all TPWD contracts for publications to meet the following conditions: include a termination provision; provide TPWD final approval over publication content, including advertising; and, require contractor to provide TPWD with copies of publications that contain advertising that is appropriate for viewing by youth upon request. The Parks and Wildlife Commission is required to establish by rule the types of advertising that are appropriate for viewing by youth. Section 41 of the bill requires TPWD to modify or renegotiate existing publication contracts to meet these conditions by March 1, 2002. These sections of the bill would impact the TPWD contract with Texas Monthly magazine for publication of the Outdoor Annual guide. Because the terms of future contract negotiations are unknown, no revenue gain or cost savings is estimated. Section 22: The substitute would allow tobacco-related and alcohol businesses to continue advertising or sponsoring TPWD publications, provided they are public service ads that educate the public about the risks associated with alcoholic beverages. These ads cannot include a product, a cigarette brand identifier or alcohol product logo, but may contain a corporate logo. This substitute would allow the TPWD to continue receiving $510,000 in contributions from alcohol or tobacco-related businesses that otherwise would have to be replaced with regular appropriations from Game, Fish and Water Safety Account No. 9. Section 23: Requires TPWD to conduct an inventory of all land and water associated with historical, natural, recreational and wildlife sites, and to use it to develop a Land and Water Resources Conservation and Recreation Plan. This represents an extension of a current strategic planning process for which the agency has already expended $600,000, i.e., the contract with Texas Tech University for the 21st Century Parks and Widlife plan. As a result, this requirement should have no significant fiscal impact on agency resources. Section 24: Requires business planning and improved oversight of TPWD commercial ventures. Based on fiscal year 2000 expenditures, expenditures on commercial ventures total $2.3 million. It is assumed that effective business planning and improved oversight of these ventures generates a cost savings of 10 percent, or $230,000 per year. Based on expenditures for existing commercial ventures, these savings would accrue equally to Game, Fish and Water Safety Account No. 009, and the State Parks Account No. 064. In order to assist the department in establishing more effective business guidelines for commercial ventures, it is anticipated that outside expertise will be required. The estimated cost of this outside assistance is $100,000. Section 29: Requires TPWD to develop a plan for the preservation and development of historical sites, including conducting an archeological survey of each site. This requirement is the result of the 1999 Cultural Heritage Plan, a joint evaluation of Texas historic sites conducted by TPWD and the Texas Historical Commission. The total cost of conducting the surveys is estimated to be $500,000, however, this bill does not establish a time frame for completion of the surveys. Assuming these surveys are completed over a five year period, results in a cost to State Parks Account No. 64 of $100,000 per fiscal year for these archeological surveys. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 802 Texas Parks and Wildlife Department LBB Staff: JK, CL, MF, ZS