LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
74th Regular Session
March 26, 1995
TO: Honorable Harvey Hilderbran, Chair IN RE: House Bill No. 2704
Committee on Human Services By: Naishtat
House of Representatives
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on House Bill No.
2704 (Relating to criminal history checks of employees and
applicants for employment in certain facilities serving the
elderly or persons with disabilities.) this office has determined
the following:
The bill amends the Health and Safety Code, Chapter 250
concerning nurse aide registry and criminal history checks of
employees and applicants for employment in facilities serving the
elderly or persons with disabilities. The bill places the
responsibility for criminal history checks on the facility
employing unlincensed persons whose duties involve direct
contract with a resident, client, or family member or visitor of
the resident or client to request a criminal history check of the
unlincensed persons and to determine whether the unlicensed
person is employable.
Placing this responsibility on the facilities, eliminates the
need for the Department of Human Services hearing panel that
currently determines if a criminal conviction may bar a person
from employment in a facility. The discontinuance of the panel
would result in a savings due to the elimination of one position.
Although, the bill allows facilities to obtain criminal history
checks without going through DHS, it is assumed that most
facilities will continue to use the DHS. This assumption is
based on the difference in the cost of obtaining the information.
The Department of Public Safety currently charges DHS $1.00 per
criminal history check as compared to $10.00 it would charge a
facility for the same information.
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 Savings Probable Savings
Year from General to General Revenue from Federal Funds
Revenue Fund 001 from Match For 555
Medicaid
1996 $3,174 $6,514 $17,988
1997 3,174 6,514 17,988
1998 3,174 6,514 17,988
1999 3,174 6,514 17,988
2000 3,174 6,514 17,988
Fiscal Change in
Year Number of State
Employees from
FY 1995
1996 (1.0)
1997 (1.0)
1998 (1.0)
1999 (1.0)
2000 (1.0)
Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.
No fiscal implication to units of local government is
anticipated.
Source: Department of Human Services, Department of Public
Safety, Department of Health
LBB Staff: JK, MU, DF