Austin, Texas
May 1, 2009

Honorable Yvonne Davis, Chair, House Committee on Urban Affairs
John S. O'Brien, Director, Legislative Budget Board
HB3390 by Harper-Brown (Relating to the continuation and functions of the Texas Commission on Fire Protection. ), Committee Report 1st House, Substituted

Estimated Two-year Net Impact to General Revenue Related Funds for HB3390, Committee Report 1st House, Substituted: a negative impact of ($94,880) through the biennium ending August 31, 2011.

Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2010 ($47,440)
2011 ($47,440)
2012 ($47,440)
2013 ($47,440)
2014 ($47,440)

Fiscal Year Probable Revenue Gain from
General Revenue Fund
Probable (Cost) from
Insurance Maint Tax Fees
Change in Number of State Employees from FY 2009
2010 $64,500 ($111,940) 1.0
2011 $98,900 ($146,340) 1.0
2012 $98,900 ($146,340) 1.0
2013 $98,900 ($146,340) 1.0
2014 $98,900 ($146,340) 1.0

Fiscal Analysis

The Texas Commission on Fire Protection (TCFP) is subject to the Sunset Act and will be abolished on September 1, 2009, unless continued by the Legislature. The bill continues the agency for the standard 12-year period and contains the following Sunset Commission recommendations and other provisions:

The majority of the bill would become effective September 1, 2009. TFPA authority to regulate volunteer firefighters would become effective September 1, 2010. Authority to increase fees would become effective January 1, 2010.  


The bill would provide TFPA with the ability to increase certification fees and collect additional fees for fingerprinting to cover the costs of these procedures. However, Government Code, Section 419.026 requires collected certification fees to be sent to the Comptroller of Public Accounts for deposit into the General Revenue Fund. This means that unless the Legislature makes a specific appropriation to the agency, TFPA would not have authority to use the funds for the intended purpose. The Sunset Commission has agreed to add this issue to the Sunset contingency rider to request a Legislative appropriation to provide TFPA the authority to spend collected fees.   


The bill would add 45,000 volunteer fire fighters and 2,000 volunteer fire departments to the agency's regulatory authority. While permissive, any new regulation implemented through agency rules would have a significant fiscal impact to the State. If TFPA chooses to regulate volunteer fire departments and firefighters, additional FTEs may be necessary in future years. However, since these provisions are permissive, costs for these provisions are not included in the fiscal note. 

This analysis assumes that the provisions of the bill would require one additional FTE related to submittal of education records, reviewing complaint data, and reviewing firefighter injury information.  The Eighty-first Legislature is considering allocating additional staff and funding to the agency for similar regulatory functions.  If realized, the additional funding and staffing would be able to cover the cost of the bill.


No significant technology impact is anticipated.

Local Government Impact

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

Source Agencies:
116 Sunset Advisory Commission, 411 Commission on Fire Protection, 576 Texas Forest Service
LBB Staff: