LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION April 30, 2015 TO: Honorable Charles Schwertner, Chair, Senate Committee on Health & Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1582 by Taylor, Van (Relating to the scheduling of controlled substances and the designation and emergency scheduling of certain substances as hazardous controlled substances; creating criminal offenses.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code to authorize the Commissioner of Health at the Department of State Health Services (DSHS) to designate for a period of time a substance as a hazardous controlled substance in certain circumstances. The bill would require that a list of substances designated as hazardous controlled substances be published in the Texas Register. The bill would make it an offense to manufacture, deliver, or possess a substance designated as a hazardous controlled substance. DSHS indicates that the provisions of the bill could be implemented using existing resources. This analysis assumes that the provisions of the bill would not result in a significant impact on state correctional agencies. Local Government Impact A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution, and confinement could likely be absorbed with existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact. Source Agencies:405 Department of Public Safety, 537 State Health Services, Department of LBB Staff: UP, ADe, NB, WP, VJC, ESi, KVe LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION April 30, 2015 TO: Honorable Charles Schwertner, Chair, Senate Committee on Health & Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE:SB1582 by Taylor, Van (Relating to the scheduling of controlled substances and the designation and emergency scheduling of certain substances as hazardous controlled substances; creating criminal offenses.), Committee Report 1st House, Substituted TO: Honorable Charles Schwertner, Chair, Senate Committee on Health & Human Services FROM: Ursula Parks, Director, Legislative Budget Board IN RE: SB1582 by Taylor, Van (Relating to the scheduling of controlled substances and the designation and emergency scheduling of certain substances as hazardous controlled substances; creating criminal offenses.), Committee Report 1st House, Substituted Honorable Charles Schwertner, Chair, Senate Committee on Health & Human Services Honorable Charles Schwertner, Chair, Senate Committee on Health & Human Services Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board SB1582 by Taylor, Van (Relating to the scheduling of controlled substances and the designation and emergency scheduling of certain substances as hazardous controlled substances; creating criminal offenses.), Committee Report 1st House, Substituted SB1582 by Taylor, Van (Relating to the scheduling of controlled substances and the designation and emergency scheduling of certain substances as hazardous controlled substances; creating criminal offenses.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code to authorize the Commissioner of Health at the Department of State Health Services (DSHS) to designate for a period of time a substance as a hazardous controlled substance in certain circumstances. The bill would require that a list of substances designated as hazardous controlled substances be published in the Texas Register. The bill would make it an offense to manufacture, deliver, or possess a substance designated as a hazardous controlled substance. DSHS indicates that the provisions of the bill could be implemented using existing resources. This analysis assumes that the provisions of the bill would not result in a significant impact on state correctional agencies. Local Government Impact A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution, and confinement could likely be absorbed with existing resources. Revenue from fines imposed and collected is not anticipated to have a significant fiscal impact. Source Agencies: 405 Department of Public Safety, 537 State Health Services, Department of 405 Department of Public Safety, 537 State Health Services, Department of LBB Staff: UP, ADe, NB, WP, VJC, ESi, KVe UP, ADe, NB, WP, VJC, ESi, KVe