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LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
 
May 14, 2021

TO:
Honorable Kelly Hancock, Chair, Senate Committee on Business & Commerce
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB1560 by Goldman (Relating to the continuation and functions of the Texas Department of Licensing and Regulation.), As Engrossed


Estimated Two-year Net Impact to General Revenue Related Funds for HB1560, As Engrossed : a negative impact of ($17,660) through the biennium ending August 31, 2023.

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

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year Probable Net Positive/(Negative) Impact to
General Revenue Related Funds
2022($21,955)
2023$4,295
2024$23,445
2025$23,445
2026$23,445

All Funds, Five-Year Impact:

Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Probable Revenue Gain/(Loss) from
General Revenue Fund
1
Probable Revenue Gain/(Loss) from
Priv Beauty Culture Sch
108
Probable Revenue Gain/(Loss) from
Barber School Tuition Protection
5081
2022$62,220($84,175)($202,000)($25,000)
2023$62,220($57,925)$0$0
2024$62,220($38,775)$0$0
2025$62,220($38,775)$0$0
2026$62,220($38,775)$0$0

Fiscal Year Probable Revenue Gain/(Loss) from
New Barbering and Cosmetology School Tuition Protection Account

Change in Number of State Employees from FY 2021
2022$227,000(0.5)
2023$0(0.5)
2024$0(0.5)
2025$0(0.5)
2026$0(0.5)


Fiscal Analysis

The bill would continue the Texas Department of Licensing and Regulation (TDLR) until September 1, 2033. 

The bill would require TDLR to perform certain inspections and complaint investigations based on risk. The bill would also authorize TDLR to use alternative inspection methods, where appropriate.

The bill would eliminate the polygraph examiners program, combative sports matchmaker, second, and event coordinator licenses. The bill would consolidate Texas' regulation of barbers and cosmetologists, and administer the two programs as one. The bill eliminates the separate Barber School Tuition Protection Account and Private Beauty Culture School Tuition Protection Account and creates a single Barbering and Cosmetology School Tuition Protection Account. The bill would eliminate all wig-related licenses and state regulation of barber poles.

The bill would require TDLR to study the regulation of auctioneering and driver training, in consultation with the relevant advisory boards, and submit a report to the appropriate legislative committees by January 1, 2023 with findings and recommendations to improve public safety and the agency's processes. 

The bill would transfer the licensing and regulation of residential service companies from the Texas Real Estate Commission (TREC) to be regulated within TDLR's service contract providers program.

Methodology

According to TDLR, any increases or decreases in inspection costs or savings cannot be estimated until the establishment of risk parameters and any resulting inspection frequency, and the parameters and procedures for alternative inspections methods, have all been finalized and are in use. However, the agency reports any increases or decreases are expected to be minimal.

Based on information provided by TDLR, this analysis assumes that beginning in fiscal year 2022 and each year thereafter, the repeal of the Polygraph Examiners program, and the event coordinator, second, and matchmaker license types in the Combative Sports program would result in a loss of $98,425 to General Revenue from license fees and a savings of $62,220 to General Revenue and a decrease of 0.5 full-time-equivalent positions. 

The provisions of the bill related to the barber and cosmetology program would result in a net gain of $19,150 to General Revenue beginning in fiscal year 2024. 

Based on information provided by TDLR, this analysis assumes that all residential service companies will become service contract providers regulated by TDLR and will continue to offer residential service contracts under the new registration. TDLR reports this workload is expected to be minimal and can be absorbed within existing resources. Because these companies have been regulated by TREC, a self-directed, semi-independent state agency, all registration fees have previously been deposited to that agency's account outside the State Treasury. The transfer of these entities to TDLR will result in an increase to the General Revenue Fund estimated to be $14,250 in fiscal year 2022 and $40,500 each fiscal year thereafter. TREC reports it would no longer collect approximately $260,000 each year from related fees; however, this would not have a fiscal impact on the State Treasury.

TDLR indicates that any other costs associated with the bill could be absorbed within the agency's existing resources. This analysis assumes that any increased cost to TDLR, which is statutorily required to generate sufficient revenue to cover its costs of operation, would be offset by an increase in fee-generated revenue.

Note: This legislation would do one or more of the following: create or recreate a dedicated account in the General Revenue Fund, create or recreate a special or trust fund either in, with, or outside of the Treasury, or create a dedicated revenue source. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.


Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
116 Sunset Advisory Commission, 304 Comptroller of Public Accounts, 329 Real Estate Commission, 452 Dept of License & Reg
LBB Staff:
JMc, SZ, DFR, MB