LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 25, 1995 TO: Honorable Toby Goodman, Chair IN RE: House Bill No. 1189 Committee on Juvenile Justice and By: VandePutte Family Issues House of Representatives Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on House Bill No. 1189 (relating to reporting certain delinquent child support payments to a consumer reporting agency) this office has determined the following: The bill would amend the Human Resources Code by adding Section 76.010 which requires the Office of the Attorney General to provide information to a consumer reporting agency that submits a written request regarding the amount of delinquent child support owed by a noncustodial parent in a Title IV-D case. Before disclosing the information, the Attorney General must send the noncustodial parent a notice by certified mail that the information requested by the consumer reporting agency will be released if the noncustodial parent fails to contest the disclosure before the 21st day after the date of mailing of the notice. If the noncustodial parent does not contest the disclosure within the time specified, the Attorney General must provide the information to the consumer reporting agency and may charge the agency a reasonable fee for providing the information, including all applicable mailing costs. The bill would also amend Section 76.006(c) of the Human Resources Code to authorize the Office of the Attorney General to release information from its child support files and records to a consumer reporting agency, in accordance with the above cited Section 76.010. The Attorney General currently has in place a Credit Bureau Reporting program that automatically refers approximately 1,000 new delinquencies a month to one credit reporting agency, TRW, which makes the information available on a nationwide network to other credit bureaus and financial institutions. The Attorney General sends 120,000 updates to the credit reporting agency annually. The Attorney General believes that the bill would terminate the current enforcement process for credit reporting and replace it with one where the Attorney General could only respond to credit bureau requests. The Office of the Attorney General estimates that it would need one additional employee, an administrative technician II, to implement the provisions of the bill. The Attorney General's estimate of the costs of the bill, including salary, benefits, and overhead for the one employee are $40,726 for fiscal year 1996, and $35,477 for fiscal years 1997-2000. Additionally, the Attorney General estimates that the costs of postage for notifying noncustodial parents would be $30,240 per year for fiscal years 1996-2000. While the bill would allow the Attorney General to charge a consumer reporting agency a "reasonable fee for providing information under this section, including all applicable mailing costs," it is not clear if this would include the cost of mailing approximately 12,000 notices by certified mail annually to noncustodial parents or if the fee could be structured to include the cost of an additional employee and overhead. The overall fiscal implication to the State cannot be determined. No fiscal implication to units of local government is anticipated. Source: Office of the Attorney General LBB Staff: JK, JC, RR