LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 6, 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
               penalties.), Committee Report 1st House, Substituted
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB1269, Committee Report 1st House, Substituted:  positive impact     *
*  of $49,383 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                              $10,350  *
          *       2003                               39,033  *
          *       2004                               44,033  *
          *       2005                               38,033  *
          *       2006                               44,033  *
          ****************************************************
  
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             $(130,275)             $140,625                  2.1 *
*  2003              (101,592)              140,625                  2.0 *
*  2004               (96,592)              140,625                  2.0 *
*  2005              (102,592)              140,625                  2.0 *
*  2006               (96,592)              140,625                  2.0 *
**************************************************************************
  
Technology Impact
  
Three personal computers in FY 2002 and FY 2005 at $2,000 each, $2,500 in
FY 2003 for a laser printer, software programming services at $10,000
for the 2002-03 biennium, and $1,250 in each year of FYs 2004-06, based
on a rate of $50 per hour.
  
  
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 allow
board members a per diem and reimbursement of travel expenses.  The
Commissioner of Health, with the advice and consent of the TSBECN, would
be required to appoint an executive director who must be an employee of
Department of Health (TDH).

The bill would require TDH to receive and account for money and funds
obtained under the bill. TDH would also be required to provide basic
personnel and facilities.  TDH personnel administering the provisions of
the bill would act as agents of the TSBECN.

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
anticipates the bill would have a minimal impact on its operations, and
projects the office would be able to absorb the extra work within
existing resources.
  
  
Methodology
  
A three month implementation period is assumed.

TDH estimates 2.06 FTEs in FY 2002, including the executive director and
staff, would be needed to administer and implement the provisions of the
bill, decreasing to two FTEs in FYs 2003-06.  Other expenses would
include day-to-day operating expenses.  Reimbursement for travel and
related expenses would have to be authorized in the General
Appropriations Act.

TDH estimates 525 individuals would be licensed as clinical nutritionists
and 100 individuals would be licensed as provisional clinical
nutritionists each year of FYs 2002-06.  TDH estimates fees collected
would total $140,625 per year based on a $225 fee per initial license or
renewal.
  
  
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