LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 1, 2023 TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1583 by Hall (relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB1583, Committee Report 1st House, Substituted : a negative impact of ($799,680) through the biennium ending August 31, 2025. Based on information provided by Health-Related Institutions, there could be a potential for significant loss of external funding for research. This loss would be in institutional funds, which are not appropriated to the institutions in the General Appropriations Act, and therefore not reflected in the table below. 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 toGeneral Revenue Related Funds2024($353,080)2025($446,600)2026($446,600)2027($446,600)2028($446,660)All Funds, Five-Year Impact: Fiscal Year Probable (Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20232024($353,080)3.02025($446,600)3.02026($446,600)3.02027($446,600)3.02028($446,660)3.0 Fiscal AnalysisThe bill would require institutions of higher education, private colleges and universities, and other private entities to report on research involving potentially pandemic pathogens to the Department of State Health Services (DSHS). DSHS would review all information provided ensuring that local, state, and federal governmental authorities are informed and for adequate response plans if the pathogen is released into the general population. If DSHS determines that the intended research proposes a substantial and unjustifiable risk, DSHS would request the Governor issue an order prohibiting the research at an institution of higher education or request the Attorney General to seek an injunction to enjoin the conduct of research at a private college or university or other private entity.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
April 1, 2023
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1583 by Hall (relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.), Committee Report 1st House, Substituted
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1583 by Hall (relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.), Committee Report 1st House, Substituted
Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1583 by Hall (relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.), Committee Report 1st House, Substituted
SB1583 by Hall (relating to restricting research on potentially pandemic pathogens in this state; creating a civil penalty.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for SB1583, Committee Report 1st House, Substituted : a negative impact of ($799,680) through the biennium ending August 31, 2025. Based on information provided by Health-Related Institutions, there could be a potential for significant loss of external funding for research. This loss would be in institutional funds, which are not appropriated to the institutions in the General Appropriations Act, and therefore not reflected in the table below. 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 SB1583, Committee Report 1st House, Substituted : a negative impact of ($799,680) through the biennium ending August 31, 2025. Based on information provided by Health-Related Institutions, there could be a potential for significant loss of external funding for research. This loss would be in institutional funds, which are not appropriated to the institutions in the General Appropriations Act, and therefore not reflected in the table below. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Based on information provided by Health-Related Institutions, there could be a potential for significant loss of external funding for research. This loss would be in institutional funds, which are not appropriated to the institutions in the General Appropriations Act, and therefore not reflected in the table below. 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:
2024 ($353,080)
2025 ($446,600)
2026 ($446,600)
2027 ($446,600)
2028 ($446,660)
All Funds, Five-Year Impact:
2024 ($353,080) 3.0
2025 ($446,600) 3.0
2026 ($446,600) 3.0
2027 ($446,600) 3.0
2028 ($446,660) 3.0
Fiscal Analysis
The bill would require institutions of higher education, private colleges and universities, and other private entities to report on research involving potentially pandemic pathogens to the Department of State Health Services (DSHS). DSHS would review all information provided ensuring that local, state, and federal governmental authorities are informed and for adequate response plans if the pathogen is released into the general population. If DSHS determines that the intended research proposes a substantial and unjustifiable risk, DSHS would request the Governor issue an order prohibiting the research at an institution of higher education or request the Attorney General to seek an injunction to enjoin the conduct of research at a private college or university or other private entity.
Methodology
This analysis assumes DSHS would develop a team of 3.0 FTEs including a 1.0 FTE Director II position that would gather proposals and compile data to discuss for submission to the Department commissioner for final review; a 1.0 FTE Epidemiologist IV position to review proposals for data collection and determine reporting criteria and updates requested once research begins; and a 1.0 FTE Molecular Biologist V position to review laboratory safety guidelines and preparedness plans for containment and gain-of-function research plans.Based on information provided by Health-Related Institutions, there could be a potential significant loss of external funding for research. This loss would be in institutional funds, which are not appropriated to the institutions in the General Appropriations Act, and therefore not reflected in the table above.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission, 537 State Health Services, Department of, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 775 Texas Woman's University System, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 977 Alamo Community College, 978 San Jacinto College
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission, 537 State Health Services, Department of, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 775 Texas Woman's University System, 781 Higher Education Coordinating Board, 783 University of Houston System Administration, 977 Alamo Community College, 978 San Jacinto College
LBB Staff: b > td > JMc, NPe, GO, JSM, APA
JMc, NPe, GO, JSM, APA