LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 9, 2001
TO: Honorable Mike Moncrief, Chair, Senate Committee on
Health & Human Services
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1269 by Sibley (Relating to the licensing and
regulation of clinical nutritionists; providing a
criminal penalty.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB1269, 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. *
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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:
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*Fiscal Probable Revenue Probable Revenue Change in Number of *
* Year Gain/(Loss) from New Gain/(Loss) from New State Employees from *
* General Revenue General Revenue FY 2001 *
* Dedicated - Licensed Dedicated - Licensed *
* Clinical NutritionistClinical Nutritionist *
* 2002 $(133,595) $133,595 1.9 *
* 2003 (127,163) 133,595 1.8 *
* 2004 (123,738) 133,595 1.8 *
* 2005 (125,413) 133,595 1.8 *
* 2006 (123,738) 133,595 1.8 *
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Technology Impact
New personal computer in FY 2002 and FY 2005 at $2,000 each, $2,500 in FY
2003 for a laser printer, and software programming services at $7,500
for the 2002-03 biennium and $1,250 in each year of FYs 2004-06.
Fiscal Analysis
The bill would establish the Texas State Board of Examiners of Clinical
Nutritionists (TSBECN) for the examination, licensure and regulation of
clinical nutritionists. The TSBECN would be subject to sunset and,
unless continued, would be abolished September 1, 2005. The bill would
authorized the TSBECN to adopt and enforce rules and set reasonable fees
for initial license and renewal to cover the costs. The bill would
require the TSBECN to employ an executive director, for which the bill
prescribes the powers and duties, and to develop and implement policies
that define the responsibilities of the board and staff of the board.
According to the Office of the Comptroller of Public Accounts, the bill
would create GR Account Licensed Clinical Nutritionists Fund Account,
which would be dedicated to the payment of the board's administrative
expenses. The Department of Health would collect the fee revenue and
provide administrative support as agents of the TSBECN. The
Comptroller's Office indicates would be no administrative cost to this
office associated with the bill.
The bill would require the State Office of Administrative Hearing (SOAH)
to use the schedule of sanctions adopted by the TSBECN by rule for a
sanction imposed as the result of a hearing conducted by SOAH. SOAH
indicates it anticipates the bill would have a minimal impact on its
operation, and projects the office would be able to absorb the extra
work with existing personnel.
Methodology
A three month implementation period is assumed.
It is estimated 1.9 FTEs in FY 2002, including the executive director and
staff, would be needed to administer and implement the provisions of the
bill, decreasing to 1.8 FTEs in each year of FYs 2003-06. Services
provided by a private investigator to investigate complaints would total
$4,500 in each year for FYs 2003-06.
It is estimated 535 individuals would be licensed as clinical
nutritionists in each year of FYs 2002-06, and fees collected would total
$133,595 based on a $250 fee for initial license or renewal.
Note: This bill would do one or more of the following, create or recreate
a dedicated account in the General Revenue Fund, create or recreate a
special or trust fund either with or outside of the Treasury, or create
a dedicated revenue source. Each Legislature has reviewed bills that
affect funds consolidation. The fund, account or revenue dedication
included in this bill would be subject to funds consolidation review by
the Legislature.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 360 State Office of Administrative Hearings, 501
Texas Department of Health, 304 Comptroller of
Public Accounts
LBB Staff: JK, HD, KF, RM