LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 4, 2009 TO: Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3739 by Coleman (Relating to regulation of and access to certain cemeteries; providing penalties.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HB3739, Committee Report 1st 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 4, 2009 TO: Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3739 by Coleman (Relating to regulation of and access to certain cemeteries; providing penalties.), Committee Report 1st House, Substituted TO: Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: HB3739 by Coleman (Relating to regulation of and access to certain cemeteries; providing penalties.), Committee Report 1st House, Substituted Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board HB3739 by Coleman (Relating to regulation of and access to certain cemeteries; providing penalties.), Committee Report 1st House, Substituted HB3739 by Coleman (Relating to regulation of and access to certain cemeteries; providing penalties.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HB3739, Committee Report 1st 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 HB3739, Committee Report 1st 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 to expand the Funeral Service Commission's (FSC) enforcement responsibilities. The bill would require the FSC to adopt rules to implement the provisions of the bill. The bill would take effect September 1, 2009. The bill would amend the Health and Safety Code to expand the Funeral Service Commission's (FSC) enforcement responsibilities. The bill would require the FSC to adopt rules to implement the provisions of the bill. The bill would take effect 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 this 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 this 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 technology impact of the bill would be $3,500 in fiscal year 2010. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 451 Department of Banking, 513 Funeral Service Commission 451 Department of Banking, 513 Funeral Service Commission LBB Staff: JOB, CH, CL, MW, JRO JOB, CH, CL, MW, JRO