LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                           May 25, 1995



 TO:     Honorable Don Henderson, Chair         IN RE: Committee Substitute
         Committee on Jurisprudence             for
         Senate                                               HouseBill No.
         Austin, Texas                          433
                                                        By: Goodman, et al.









FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
433 (relating to the parent-child relationship, suits affecting
the parent-child relationship, and the protection of children )
this office has determined the following:

The bill  would make changes to the Family Code to implement
provisions of Comptroller recommendations in "Gaining Ground" and
"A Partnership for Independence".  The bill would implement the
recommendation to expedite the adoption process for children in
the custody of the Department of Protective and Regulatory
Services (DPRS) who have been constructively abandoned while in
the permanent or temporary managing conservatorship of the
Department of Protective and Regulatory Services.  By
establishing a new condition under which a negligent parent might
surrender parental rights involuntarily through court
proceedings, the State could reduce costs for children who are
currently under foster care with no hope of reuniting with their
parents.  The estimated savings to the Department of Protective
and Regulatory Services  is based on historical costs for the
Department for foster care for children who meet the conditions
set forth in the bill.

The bill would allow the court to modify an order designating a
sole managing conservator of a child of any age in certain
circumstances.    




The bill includes the gain to the Child Support Retained
Collections Account under a driver's license revocation system. 
An increase in collections for AFDC Child Support cases is 
expected to occur due to payment of child support obligations
that are in arrears during the first three years of operation. 
After the first three years, increased child support collections
are expected to be realized as a result of this provision,
although the amount should decrease as the arrearages are paid. 
Administrative costs are based on administrative hearings
experience in other states with driver's license revocation
programs.   It is anticipated that the Office of the Attorney
General may need additional staff to assist with increased
collections. 

The bill would require DPRS to execute a memorandum of
understanding with the Office of the Attorney General (AG) for
the allocation between the agency and the department of any child
support funds recovered by the Title IV-D agency in substitute
care cases.  The fiscal implication of this provision to DPRS and
the AG cannot be determined.

The probable fiscal implication of implementing the provisions of
the bill during each of the first  five years following passage
is estimated as follows:
     



          Fiscal  Probable Savings    Probable Gain to 
          Year       to  General       Child Support   
                  Revenue Fund 001        Retained     
                                        Collections    
                                          Account      
                                                       
          1996              $541,000         $6,589,000
          1997               541,000          9,250,000
                                                       
          1998               541,000         17,233,000
                                                       
          1999               541,000         10,644,000
          2000               541,000         10,644,000
                                                       
                                                       
                                                       
       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.

The fiscal implication to units of local government cannot be
determined.


Source:
          LBB Staff: JK, DC, BR, RR