LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
 
April 19, 2011

TO:
Honorable Rob Eissler, Chair, House Committee on Public Education
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3130 by Geren (Relating to the registration of a referee of certain extracurricular athletic activities sponsored or sanctioned by certain public or private schools; providing penalties.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB3130, As Introduced: an impact of $0 through the biennium ending August 31, 2013.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2012 $0
2013 $0
2014 $0
2015 $0
2016 $0




Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Probable Revenue Gain/(Loss) from
General Revenue Fund
1
Change in Number of State Employees from FY 2011
2012 ($443,888) $443,888 6.0
2013 ($406,878) $406,878 6.0
2014 ($406,878) $406,878 6.0
2015 ($406,878) $406,878 6.0
2016 ($406,878) $406,878 6.0

Fiscal Analysis

The bill would amend the Occupations Code to require the Texas Department of Licensing and Regulation (TDLR) to license and regulate the registration of a referee of certain extracurricular athletic activities sponsored or sanctioned by certain public or private schools. The bill would require TDLR to establish eligibility requirements, impose penalties and conduct criminal background checks on each referee.

The bill has the following due dates: Not later than December 1, 2011, the Texas Commission of Licensing and Regulation would be required to adopt the rules, standards, procedures, and fees necessary to implement Chapter 2053 of the Occupations Code, as added; Notwithstanding Section 2053.201, Occupations Code, as added, a referee would not be required to register under this section before January 1, 2012; (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2011. Subsection (b) subchapter E, Chapter 2053 of the Occupations Code, as added, would take effect January 1, 2012.


Methodology

Information and estimates provided by the Department of Licensing and Regulation were used as the basis of developing this analysis. Based on information provided by TDLR, the estimated population of referee's is 18,000 and fees would be collected by the department and deposited into General Revenue. Also based on the analysis of TDLR, it is assumed that an additional 6.0 FTEs would be required to license, regulate and enforce the provisions of the bill. This would include: 1.0 Licensing Specialist II – to process the registration applications (permits); 1.0 Administrative Assistance IV- to process and the review background checks; 1.0 Legal Assistant II – intake; 1.0 Investigator IV – to investigate complaints; 1.0 Attorney IV – to prosecute violations; 1.0 Customer Service Rep – to answer calls and e-mails, to administer this chapter under the direction of the department and to provide technical expertise to the public, TDLR personnel, and the licensed population.

TDLR anticipates a cost of $18,000 each fiscal year for each licensee requiring a criminal history background checks at $1 for each license, and $18,000 in costs for issuing plastic card type licenses also at $1 for each license.
 
In addition to salary and benefit costs in the amount of $330,929 each year, it is assumed that the agency would incur other costs of $16,200 each year in rent for space for the additional FTEs, $9,000 in Other Operating Expenses each year, $5,750 in Travel each year, $36,000 in Other Costs each year, $37,010 in Equipment in fiscal year 2012, $15,410 in Computer Technology Equipment in fiscal year 2012. Since TDLR is statutorily required to cover the cost of its operations with fee generated revenue, it is assumed that the agency would adjust fees as necessary to cover all costs associated with implementing the provisions of the bill.


Local Government Impact

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


Source Agencies:
304 Comptroller of Public Accounts, 452 Department of Licensing and Regulation, 701 Central Education Agency, UIL University Interscholastic League
LBB Staff:
JOB, LXH, MW, CWS