LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION

March 30, 2011

TO:	Honorable Wayne Smith, Chair, House Committee on Environmental Regulation
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	HB1648 by Smith, Wayne (Relating to the purchase of plastic bulk merchandise containers by certain businesses; providing a civil penalty.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Business and Commerce Code and prohibit payment for the purchase of bulk plastic containers with cash and adds new record keeping requirements on purchase transactions. The bill may result in new complaints and investigations by the Office of the Attorney General’s Consumer Protection and Public Health Division. However, it is anticipated that any additional costs associated with implementation of the legislation could be absorbed within existing resources.

The bill also authorizes a civil penalty not to exceed $10,000 for each violation and clarifies that each cash transaction in violation of the provisions of the bill is a separate violation. The Comptroller of Public Accounts has indicated that the number of potential violations and the amount of penalties levied are unknown. Therefore, there could be an indeterminate revenue increase to the state.

Local Government Impact

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

Source Agencies:

302 Office of the Attorney General, 304 Comptroller of Public Accounts

LBB Staff:

JOB, SZ, JM