LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

February 26, 2013

TO:	Honorable José Menéndez, Chair, House Committee On Defense & Veterans' Affairs
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	HB489 by Menéndez (Relating to the use of assistance animals that provide assistance to persons with disabilities; providing criminal penalties.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Human Resources Code, Section 121 to place limitations on inquiries regarding assistance animals, with criminal penalties to those facilities in violation and making it a Class B misdemeanor offense for those individuals misrepresenting the use of an assistance animal.

A sample of agencies including the Department of Aging and Disability Services (DADS), the Department of Assistive and Rehabilitative Services (DARS), the Office of Court Administration (OCA), the Secretary of State (SOS), and the Texas Workforce Commission (TWC) indicate no significant fiscal impact to the state and that they could absorb the costs associated with the bill within its current resources. The Comptroller of Public Accounts (CPA) indicates that the revenue impact to the state cannot be determined.

Local Government Impact

The bill creates Class B misdemeanors. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Fiscal impact to units of local government would vary depending on the number of applicable cases but is not anticipated to be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 307 Secretary of State, 320 Texas Workforce Commission, 538 Assistive and Rehabilitative Services, Department of, 539 Aging and Disability Services, Department of

LBB Staff:

UP, KJo, JI, JJO, LCO, KKR