LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 16, 2025 TO: Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1484 by Hinojosa, Adam (Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1484, As Introduced: a negative impact of ($307,814) through the biennium ending August 31, 2027. 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 Funds2026($140,371)2027($167,443)2028($167,443)2029($167,443)2030($167,443)All Funds, Five-Year Impact: Fiscal Year Probable (Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20252026($140,371)1.52027($167,443)1.52028($167,443)1.52029($167,443)1.52030($167,443)1.5 Fiscal AnalysisThe bill would require a food service establishment to represent a food product for sale as catfish only if it is a product that contains catfish and no other fish similar to catfish. If a food service establishment offers a product containing a fish similar to catfish that is not catfish, it may not represent the product as catfish and must conspicuously identify the type of fish contained in the product on the establishment's menu or menu board. The bill would authorize the Department of State Health Services (DSHS), or a public health district or county that requires a food services establishment to obtain a permit, to impose an administrative penalty against a food service establishment that violates requirements under the bill.The bill would authorize civil penalties for violations and allow the Attorney General, the district or county attorney, or municipal attorney, to bring an action to recover a civil penalty against a food service establishment that violates requirements under the bill.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 16, 2025
TO: Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1484 by Hinojosa, Adam (Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.), As Introduced
TO: Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1484 by Hinojosa, Adam (Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.), As Introduced
Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs
Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1484 by Hinojosa, Adam (Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.), As Introduced
SB1484 by Hinojosa, Adam (Relating to the marketing and sale of catfish and similar fish by food service establishments; providing administrative and civil penalties.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB1484, As Introduced: a negative impact of ($307,814) through the biennium ending August 31, 2027. 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 SB1484, As Introduced: a negative impact of ($307,814) through the biennium ending August 31, 2027. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
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:
2026 ($140,371)
2027 ($167,443)
2028 ($167,443)
2029 ($167,443)
2030 ($167,443)
All Funds, Five-Year Impact:
2026 ($140,371) 1.5
2027 ($167,443) 1.5
2028 ($167,443) 1.5
2029 ($167,443) 1.5
2030 ($167,443) 1.5
Fiscal Analysis
The bill would require a food service establishment to represent a food product for sale as catfish only if it is a product that contains catfish and no other fish similar to catfish. If a food service establishment offers a product containing a fish similar to catfish that is not catfish, it may not represent the product as catfish and must conspicuously identify the type of fish contained in the product on the establishment's menu or menu board. The bill would authorize the Department of State Health Services (DSHS), or a public health district or county that requires a food services establishment to obtain a permit, to impose an administrative penalty against a food service establishment that violates requirements under the bill.The bill would authorize civil penalties for violations and allow the Attorney General, the district or county attorney, or municipal attorney, to bring an action to recover a civil penalty against a food service establishment that violates requirements under the bill.
The bill would require a food service establishment to represent a food product for sale as catfish only if it is a product that contains catfish and no other fish similar to catfish. If a food service establishment offers a product containing a fish similar to catfish that is not catfish, it may not represent the product as catfish and must conspicuously identify the type of fish contained in the product on the establishment's menu or menu board.
The bill would authorize civil penalties for violations and allow the Attorney General, the district or county attorney, or municipal attorney, to bring an action to recover a civil penalty against a food service establishment that violates requirements under the bill.
Methodology
DSHS would promulgate any new rules in accordance with the bill's requirements.DSHS would communicate new standards to staff and notify other affected agencies, including local health departments, of the new standards.DSHS would need to hire Sanitarian I positions (1.5 FTEs) for the increased time for inspections. The cost for salaries and benefits would be $94,228 in fiscal year 2026 and $125,637 in fiscal year 2027. The lower cost in fiscal year 2026 is attributable to a later start date for the positions in the fiscal year.Additional costs associated with the positions would total less than $0.1 million in each fiscal year.The Office of the Attorney General anticipates that any legal work could be absorbed within existing resources.The number of violations that would result in an administrative or civil penalty and the resultant revenue is unknown; therefore, the related impact on the state cannot be determined.
DSHS would communicate new standards to staff and notify other affected agencies, including local health departments, of the new standards.DSHS would need to hire Sanitarian I positions (1.5 FTEs) for the increased time for inspections. The cost for salaries and benefits would be $94,228 in fiscal year 2026 and $125,637 in fiscal year 2027. The lower cost in fiscal year 2026 is attributable to a later start date for the positions in the fiscal year.Additional costs associated with the positions would total less than $0.1 million in each fiscal year.
DSHS would need to hire Sanitarian I positions (1.5 FTEs) for the increased time for inspections. The cost for salaries and benefits would be $94,228 in fiscal year 2026 and $125,637 in fiscal year 2027. The lower cost in fiscal year 2026 is attributable to a later start date for the positions in the fiscal year.
Additional costs associated with the positions would total less than $0.1 million in each fiscal year.
The Office of the Attorney General anticipates that any legal work could be absorbed within existing resources.
The number of violations that would result in an administrative or civil penalty and the resultant revenue is unknown; therefore, the related impact on the state cannot be determined.
Technology
Information Technology related costs at DSHS would total less than $0.1 million in each fiscal year.
Local Government Impact
Local governments may incur some costs related to implementation of the bill. The number of violations that would result in an administrative or civil penalty and the resultant revenue is unknown; therefore, the related impact on local governments cannot be determined.
The number of violations that would result in an administrative or civil penalty and the resultant revenue is unknown; therefore, the related impact on local governments cannot be determined.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 537 State Health Services, Department of
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 537 State Health Services, Department of
LBB Staff: b > td > JMc, FV, ER, APA
JMc, FV, ER, APA