LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

April 25, 2003

TO:	Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	SB1826 by Van de Putte (Relating to certain violations under the Texas Food, Drug, and Cosmetic Act; providing penalties. ), Committee Report 1st House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would amend the Health and Safety Code relating to the relabeling of food and providing false information under the Texas Food, Drug and Cosmetic Act.  The bill would amend the definition of “manufacture” to specifically include relabeling of food.  The bill would make it an offense to make a false statement or false representation in a license application under the Act, or in other instruments such as a report or statement to be filed with the Board of Health, the Commissioner of Health, or the Department of Health.  The bill would further amend the Health and Safety Code to enhance the punishment from a Class A misdemeanor to a state jail felony if the offender has a previous conviction for an offense of a prohibited act identified in the Texas Food, Drug, and Cosmetic Act. 

Based on the analysis provided by the Department of Health and the Ethics Commission, it is assumed that the implementation of the bill would not have a significant fiscal impact on the State. 

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:	356 Texas Ethics Commission, 501 Department of Health
LBB Staff:	JK, EB, GG