LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 9, 2021 TO: Honorable Ken King, Chair, House Committee on Culture, Recreation & Tourism FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3710 by Ordaz Perez (Relating to a prohibition on public contact with certain animals; imposing a civil penalty; creating a criminal offense.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Health and Safety Code to prohibit a person from allowing a member of the public to have direct contact with certain animals. The bill would make a person liable for a civil penalty for each animal subject to the violation and for each day the violation continues and allows the attorney general or appropriate district or county attorney to bring an action to collect the civil penalty. The bill makes it a Class A misdemeanor offense for a person to violate the prohibition. The bill would detail the effects of the subchapter on preemption of local regulations.Based on the analysis of the Office of Court Administration and the Office of the Attorney General, it is assumed that duties and responsibilities associated with implementing the bill could be accomplished utilizing existing resources. In addition, no significant fiscal impact to the state court system is anticipated with the implementation of the bill.Based on the analysis of the Comptroller, the bill could result in an increase in criminal penalty revenue; however, the amount of the increases cannot be estimated, as the number of cases of non-compliance resulting in criminal penalty fee revenue, court costs, or fees is unknown.The bill would take effect September 1, 2021. Local Government ImpactThe offense created by the bill would be a Class A misdemeanor. 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 within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.No significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin, 302 Office of the Attorney General, 304 Comptroller of Public Accounts LBB Staff: b > td > JMc, AJL, MW, BH, AF
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 9, 2021
TO: Honorable Ken King, Chair, House Committee on Culture, Recreation & Tourism FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3710 by Ordaz Perez (Relating to a prohibition on public contact with certain animals; imposing a civil penalty; creating a criminal offense.), As Introduced
TO: Honorable Ken King, Chair, House Committee on Culture, Recreation & Tourism
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3710 by Ordaz Perez (Relating to a prohibition on public contact with certain animals; imposing a civil penalty; creating a criminal offense.), As Introduced
Honorable Ken King, Chair, House Committee on Culture, Recreation & Tourism
Honorable Ken King, Chair, House Committee on Culture, Recreation & Tourism
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB3710 by Ordaz Perez (Relating to a prohibition on public contact with certain animals; imposing a civil penalty; creating a criminal offense.), As Introduced
HB3710 by Ordaz Perez (Relating to a prohibition on public contact with certain animals; imposing a civil penalty; creating a criminal offense.), As Introduced
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 prohibit a person from allowing a member of the public to have direct contact with certain animals. The bill would make a person liable for a civil penalty for each animal subject to the violation and for each day the violation continues and allows the attorney general or appropriate district or county attorney to bring an action to collect the civil penalty. The bill makes it a Class A misdemeanor offense for a person to violate the prohibition. The bill would detail the effects of the subchapter on preemption of local regulations.Based on the analysis of the Office of Court Administration and the Office of the Attorney General, it is assumed that duties and responsibilities associated with implementing the bill could be accomplished utilizing existing resources. In addition, no significant fiscal impact to the state court system is anticipated with the implementation of the bill.Based on the analysis of the Comptroller, the bill could result in an increase in criminal penalty revenue; however, the amount of the increases cannot be estimated, as the number of cases of non-compliance resulting in criminal penalty fee revenue, court costs, or fees is unknown.The bill would take effect September 1, 2021.
The bill would take effect September 1, 2021.
Local Government Impact
The offense created by the bill would be a Class A misdemeanor. 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 within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
212 Office of Court Admin, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
LBB Staff: b > td > JMc, AJL, MW, BH, AF
JMc, AJL, MW, BH, AF