LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 3, 2011 TO: Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2419 by Davis, John (Relating to toilet accommodations at filling stations; providing penalties.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB2419, 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. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 3, 2011 TO: Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB2419 by Davis, John (Relating to toilet accommodations at filling stations; providing penalties.), As Introduced TO: Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB2419 by Davis, John (Relating to toilet accommodations at filling stations; providing penalties.), As Introduced Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures Honorable Mike Hamilton, Chair, House Committee on Licensing & Administrative Procedures John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB2419 by Davis, John (Relating to toilet accommodations at filling stations; providing penalties.), As Introduced HB2419 by Davis, John (Relating to toilet accommodations at filling stations; providing penalties.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB2419, 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. Estimated Two-year Net Impact to General Revenue Related Funds for HB2419, 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. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2012 $0 2013 $0 2014 $0 2015 $0 2016 $0 2012 $0 2013 $0 2014 $0 2015 $0 2016 $0 All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Revenue Gain/(Loss) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 2011 2012 ($293,565) $293,565 4.0 2013 ($218,000) $218,000 4.0 2014 ($218,000) $218,000 4.0 2015 ($218,000) $218,000 4.0 2016 ($218,000) $218,000 4.0 Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Revenue Gain/(Loss) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 2011 2012 ($293,565) $293,565 4.0 2013 ($218,000) $218,000 4.0 2014 ($218,000) $218,000 4.0 2015 ($218,000) $218,000 4.0 2016 ($218,000) $218,000 4.0 2012 ($293,565) $293,565 4.0 2013 ($218,000) $218,000 4.0 2014 ($218,000) $218,000 4.0 2015 ($218,000) $218,000 4.0 2016 ($218,000) $218,000 4.0 Fiscal Analysis The bill would amend the Health and Safety Code adding an administrative penalty, not to exceed $1,000, for any filling station that is in violation of Section 341.0615 of the Health and Safety Code relating to toilet accommodations at filling stations. The bill would allow SOAH to administer any contested cases requested by the person in violation or if the person in violation fails to respond in a timely manner to a notice issued from an enforcement officer from the Board of Plumbing Examiners. This bill would take effect September 1, 2011. The bill would amend the Health and Safety Code adding an administrative penalty, not to exceed $1,000, for any filling station that is in violation of Section 341.0615 of the Health and Safety Code relating to toilet accommodations at filling stations. The bill would allow SOAH to administer any contested cases requested by the person in violation or if the person in violation fails to respond in a timely manner to a notice issued from an enforcement officer from the Board of Plumbing Examiners. This bill would take effect September 1, 2011. Methodology Based on information and the analysis provided by the Board of Plumbing Examiners, it is assumed that there are 12,753 filling stations in Texas and that 2,000 new complaints each year would be generated under the provisions of the bill. The agency estimates that 2.0 Field Representative/Investigators at $67,500 each and 2.0 Administrative Assistants at $41,500 each, would be needed for the anticipated increase in workload to implement the provisions of the bill. The agency estimates that direct mailings to each filling station would be required to familiarize the stations with the new requirements (assume 12,753 x $0.75 each) totalling $9,565 in fiscal year 2012. The agency also estimates $66,000 would be needed in one time costs for 2 vehicles, 2 workstations, 2 desktop computers, 2 laptop computers, 2 printers, 2 telephones, 2 cell phones and a fax machine for the additional FTEs in fiscal year 2012. This analysis assumes that any increased costs to the agency, which is statutorily required to generate sufficient revenue to cover its costs of operation, would be offset by an increase in fee generated revenue. For the purposes of this analysis, the table above does not include an estimate for any revenue gains that might be realized for administrative penalties under the provisions of the bill. Based on information and the analysis provided by the Board of Plumbing Examiners, it is assumed that there are 12,753 filling stations in Texas and that 2,000 new complaints each year would be generated under the provisions of the bill. The agency estimates that 2.0 Field Representative/Investigators at $67,500 each and 2.0 Administrative Assistants at $41,500 each, would be needed for the anticipated increase in workload to implement the provisions of the bill. The agency estimates that direct mailings to each filling station would be required to familiarize the stations with the new requirements (assume 12,753 x $0.75 each) totalling $9,565 in fiscal year 2012. The agency also estimates $66,000 would be needed in one time costs for 2 vehicles, 2 workstations, 2 desktop computers, 2 laptop computers, 2 printers, 2 telephones, 2 cell phones and a fax machine for the additional FTEs in fiscal year 2012. This analysis assumes that any increased costs to the agency, which is statutorily required to generate sufficient revenue to cover its costs of operation, would be offset by an increase in fee generated revenue. For the purposes of this analysis, the table above does not include an estimate for any revenue gains that might be realized for administrative penalties under 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, 360 State Office of Administrative Hearings, 456 Board of Plumbing Examiners 304 Comptroller of Public Accounts, 360 State Office of Administrative Hearings, 456 Board of Plumbing Examiners LBB Staff: JOB, AG, MW, CWS JOB, AG, MW, CWS