LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 6, 2011 TO: Honorable Craig Estes, Chair, Senate Committee on Agriculture & Rural Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB932 by Williams (Relating to oyster beds and shells and an oyster shell recovery and replacement program.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB932, Committee Report 1st House, Substituted: 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 6, 2011 TO: Honorable Craig Estes, Chair, Senate Committee on Agriculture & Rural Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB932 by Williams (Relating to oyster beds and shells and an oyster shell recovery and replacement program.), Committee Report 1st House, Substituted TO: Honorable Craig Estes, Chair, Senate Committee on Agriculture & Rural Affairs FROM: John S O'Brien, Director, Legislative Budget Board IN RE: SB932 by Williams (Relating to oyster beds and shells and an oyster shell recovery and replacement program.), Committee Report 1st House, Substituted Honorable Craig Estes, Chair, Senate Committee on Agriculture & Rural Affairs Honorable Craig Estes, Chair, Senate Committee on Agriculture & Rural Affairs John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board SB932 by Williams (Relating to oyster beds and shells and an oyster shell recovery and replacement program.), Committee Report 1st House, Substituted SB932 by Williams (Relating to oyster beds and shells and an oyster shell recovery and replacement program.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB932, Committee Report 1st House, Substituted: 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 SB932, Committee Report 1st House, Substituted: 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 Revenue Gain fromGame,Fish,Water Safety Ac9 2012 $155,308 2013 $155,308 2014 $155,308 2015 $155,308 2016 $155,308 The bill would amend portions of the Parks and Wildlife Code related to public and private oyster beds. The bill would create a new subaccount in the General Revenue-Dedicated Game, Fish and Water and Safety Account No. 9 for oyster shell recovery and replacement. The Texas Parks and Wildlife Department (TPWD) would collect a fee of $0.20 (or an amount set by the TPW Commission) from a licensed commercial oyster fisherman for each box of oysters harvested from Texas waters. Each box will be affixed with an oyster shell recovery tag at the time of harvest and contain information required by the Department of State Health Services. The account may also accept grants, donations or materials from private or public sources for the benefit of the program. Money in the new account will be used only for the recovery and enhancement of public oyster reefs. The bill would provide that before closing any area, TPWD would publish a notice in a daily newspaper in the area to be closed. The notice will be published at least three days before the effective date of the closing. The bill would take effect September 1, 2011. Fiscal Analysis TPWD estimates an annual revenue gain to the Game, Fish and Water Safety Account No. 9 of $155,308 per fiscal year, with additional costs of $46,592 per fiscal year. Methodology Based on historical data, TPWD estimates that approximately 776,538 boxes will be harvested from Texas waters each year. At 0.20 per box, the additional revenue is estimated to be $155,308 per year. The oyster shell recovery tag is estimated to cost $0.06 for each tag for a total of $46,592 per year in additional costs. However, this analysis assumes that the costs could be absorbed within the departments existing resources. Fiscal Year Probable Revenue Gain fromGame,Fish,Water Safety Ac9 2012 $155,308 2013 $155,308 2014 $155,308 2015 $155,308 2016 $155,308 2012 $155,308 2013 $155,308 2014 $155,308 2015 $155,308 2016 $155,308 The bill would amend portions of the Parks and Wildlife Code related to public and private oyster beds. The bill would create a new subaccount in the General Revenue-Dedicated Game, Fish and Water and Safety Account No. 9 for oyster shell recovery and replacement. The Texas Parks and Wildlife Department (TPWD) would collect a fee of $0.20 (or an amount set by the TPW Commission) from a licensed commercial oyster fisherman for each box of oysters harvested from Texas waters. Each box will be affixed with an oyster shell recovery tag at the time of harvest and contain information required by the Department of State Health Services. The account may also accept grants, donations or materials from private or public sources for the benefit of the program. Money in the new account will be used only for the recovery and enhancement of public oyster reefs. The bill would provide that before closing any area, TPWD would publish a notice in a daily newspaper in the area to be closed. The notice will be published at least three days before the effective date of the closing. The bill would take effect September 1, 2011. Fiscal Analysis TPWD estimates an annual revenue gain to the Game, Fish and Water Safety Account No. 9 of $155,308 per fiscal year, with additional costs of $46,592 per fiscal year. Methodology Based on historical data, TPWD estimates that approximately 776,538 boxes will be harvested from Texas waters each year. At 0.20 per box, the additional revenue is estimated to be $155,308 per year. The oyster shell recovery tag is estimated to cost $0.06 for each tag for a total of $46,592 per year in additional costs. However, this analysis assumes that the costs could be absorbed within the departments existing resources. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 802 Parks and Wildlife Department 802 Parks and Wildlife Department LBB Staff: JOB, TB, SZ, ZS JOB, TB, SZ, ZS