LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 10, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1468 by Chisum (Relating to the regulation of funeral homes, cemeteries, and crematories; providing penalties.), Committee Report 2nd House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HB1468, Committee Report 2nd House, Substituted: an impact of $0 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 10, 2009
TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB1468 by Chisum (Relating to the regulation of funeral homes, cemeteries, and crematories; providing penalties.), Committee Report 2nd House, Substituted
TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB1468 by Chisum (Relating to the regulation of funeral homes, cemeteries, and crematories; providing penalties.), Committee Report 2nd House, Substituted
Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB1468 by Chisum (Relating to the regulation of funeral homes, cemeteries, and crematories; providing penalties.), Committee Report 2nd House, Substituted
HB1468 by Chisum (Relating to the regulation of funeral homes, cemeteries, and crematories; providing penalties.), Committee Report 2nd House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for HB1468, Committee Report 2nd House, Substituted: an impact of $0 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for HB1468, Committee Report 2nd House, Substituted: an impact of $0 through the biennium ending August 31, 2011.
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 2010 $0 2011 $0 2012 $0 2013 $0 2014 $0
2010 $0
2011 $0
2012 $0
2013 $0
2014 $0
All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1 Probable (Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 2009 2010 $65,142 ($65,142) 1.0 2011 $59,142 ($59,142) 1.0 2012 $62,099 ($62,099) 1.0 2013 $62,099 ($62,099) 1.0 2014 $65,204 ($65,204) 1.0
Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1 Probable (Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 2009 2010 $65,142 ($65,142) 1.0 2011 $59,142 ($59,142) 1.0 2012 $62,099 ($62,099) 1.0 2013 $62,099 ($62,099) 1.0 2014 $65,204 ($65,204) 1.0
2010 $65,142 ($65,142) 1.0
2011 $59,142 ($59,142) 1.0
2012 $62,099 ($62,099) 1.0
2013 $62,099 ($62,099) 1.0
2014 $65,204 ($65,204) 1.0
Fiscal Analysis
The bill would amend the Health and Safety Code and the Occupations Code to clarify the regulation and license requirements of funeral homes, cemeteries, and crematories. The bill would authorize the Funeral Service Commission (FSC) to enforce criminal penalites against persons or entities that commit specific offenses concerning laws and rules regarding cemeteries. Additionally, the bill would clarify that a person or entity commits an offense if they interfere with a persons right to reasonable ingress and egress to cemeteries.The bill would take effect on September 1, 2009.
Methodology
Based on the analysis provided by FSC, the bill would require 1 new FTE, legal assistant, to review additional complaints regarding the validity of agreements between landowners and the public regarding ingress and egress from cemetaries. The FTE would cost $46,000 for salary and wages with associated benefits cost of $13,142 in each fiscal year of 2010-11. Additional one time costs in fiscal year 2010 would be $6,000. This analysis assumes that any increased costs resulting from the implementation of the provisions of the bill would be offset with fee-generated general revenue. Based on the analysis provided by the Department of Banking, this bill would have no fiscal impact on the agency.
Based on the analysis provided by FSC, the bill would require 1 new FTE, legal assistant, to review additional complaints regarding the validity of agreements between landowners and the public regarding ingress and egress from cemetaries. The FTE would cost $46,000 for salary and wages with associated benefits cost of $13,142 in each fiscal year of 2010-11. Additional one time costs in fiscal year 2010 would be $6,000. This analysis assumes that any increased costs resulting from the implementation of the provisions of the bill would be offset with fee-generated general revenue.
Based on the analysis provided by the Department of Banking, this bill would have no fiscal impact on the agency.
Technology
The bill would have a technology impact of $3,500 in fiscal year 2010.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 513 Funeral Service Commission, 451 Department of Banking
513 Funeral Service Commission, 451 Department of Banking
LBB Staff: JOB, CH, CL, MW
JOB, CH, CL, MW