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