Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2272 by Swanson (Relating to associate judges and Department of Family and Protective Services representation in child protection court proceedings.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB2272, As Introduced : a positive impact of $4,450,999 through the biennium ending August 31, 2025.
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
2024
$470,128
2025
$3,980,871
2026
$3,980,871
2027
$3,980,871
2028
$3,980,871
All Funds, Five-Year Impact:
Fiscal Year
Probable Savings from General Revenue Fund 1
Probable Savings from GR Match For Medicaid 758
Probable Savings from Federal Funds 555
Change in Number of State Employees from FY 2023
2024
$463,046
$7,082
$40,399
(36.0)
2025
$3,920,682
$60,189
$358,663
(36.0)
2026
$3,920,682
$60,189
$358,663
(36.0)
2027
$3,920,682
$60,189
$358,663
(36.0)
2028
$3,920,682
$60,189
$358,663
(36.0)
Fiscal Analysis
The bill would limit the appointment of associate judges for child protection cases to two 4-year terms and require that they live in a county in which a court they serve is located. The bill would also add new qualifications and specific recusal and conflict of interest provisions for associate judges.
The bill would repeal the authority of the Department of Family and Protective Services (DFPS) to employ attorneys to represent DFPS in an action under the Family Code.
Methodology
To the extent that the new qualification provisions limit the ability to appoint associate judges, there may be an increased need for other judicial resources to handle these cases. However, the Office of Court Administration is unable to determine the fiscal impact this may have, if any.
According to DFPS, the agency provides direct representation in approximately 2,000 cases statewide. The bill would require DFPS to transfer those cases to district and county attorneys. This analysis assumes a reduction of 36.0 Attorney Fulltime Equivalents (FTES) and related costs due to DFPS no longer providing direct representation.
The savings are offset in fiscal year 2024 due to the assumption that DFPS would need to contract with attorneys until the cases could be assigned to district and county attorneys. This analysis assumes 25.0 Attorney III FTE contracts would be needed to address approximately 1,000 cases, based on information from the Texas Council on Purchasing from People with Disabilities, the cost per year per contract would be $109,790. In addition, 7.0 Attorney III FTE contracts would be needed to address 292.0 cases that were previously referred to the DFPS Regional Litigation due to conflicts of interest and special circumstances. Lastly, it is assumed 2.0 Attorney IV FTE would be needed to address 121.0 appeals and writ of mandamus referrals, the per year per contract would be $155,589. This analysis assumes all cases would be transferred to district and county attorneys in fiscal year 2025.
Local Government Impact
DFPS, assumes significant costs to local governments as district and county attorneys would have to assume representation of DFPS. Local governments would likely require additional attorneys and support staff to handle the additional cases.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 242 State Commission on Judicial Conduct, 302 Office of the Attorney General, 530 Family and Protective Services, Department of