LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
74th Regular Session
February 24, 1995
TO: Honorable Don Henderson, Chair IN RE: Senate Bill No. 7
Committee on Jurisprudence By: Harris
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on Senate Bill No.
7 (Relating to the family, including the marriage relationship,
the parent-child relationship, and protection of the family.)
this office has determined the following:
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 provide for changes in the current law with regard
to divorce and parent-child issues, including paternity, child
custody, conservatorship, adoption and child support. The bill
would establish an expedited hearing in an uncontested divorce
suit under certain circumstances, provide for alternative dispute
resolution in divorce, unless there are allegations of family
violence, and amends the current statutes on discovery and
transfers of property and debts pending divorce. The central
record file for decrees concerning the parent-child relationship
is moved from the Texas Department of Human Services to the
Bureau of Vital Statistics. The bill provides guidelines for use
of possession and access exchange facilities or programs.
The bill provides for a court order for either or both parents to
make periodic child support payments in a proceeding in which the
Department of Protective and Regulatory Services (DPRS) is named
temporary managing conservator or permanent managing conservator.
The bill provides for voluntary withholding by a child support
obligor and a voluntary reduction or termination of withholding.
The bill clarifies the ineligibility to receive state grants or
loans or receive payments on state contracts by a child support
obligor.
The Department of Protective and Regulatory Services has
expressed concern that the amendment to the Texas Family Code,
Section 11.03, which would allow foster parents to intervene in
child custody, would not be in compliance with Title IV-E of the
Social Security Act as amended by Public Law 96-272. The Act
authorizes the Secretary of Health and Human Services to review
the State's plan for compliance and to withhold payments or
reduce payment to states which do not comply with the provisions
of the plan. DPRS is anticipating more information from the
Administration for Children, Youth and Families regional office
which should clarify this issue.
The bill would set up an administrative procedure for suspension
of drivers license as well as professional and occupational
licenses for failure to make child support payments. The
licensing agency is permitted to charge a fee to an obligor whose
license has been suspended in an amount sufficient to recover the
administrative costs incurred by the authority. The licensing
authority will receive this fee from the obligor but will lose
the licensing fee for the period of the suspension. The
licensing authority is directed to supply to the Title IV-D
agency identifying information for each individual who holds,
applies for, or renews a license issued by the authority. The
amount of gain or cost to the various licensing authorities
cannot be determined. According to Comptroller of Public
Accounts estimates, if revocation and non-renewal of professional
and occupational licenses were interpreted to include sales tax
and mixed beverage tax permittees and other similar permittees
currently collecting and remitting state tax revenue, there could
be an indeterminate loss of state tax revenue. It is assumed
that the Office of Attorney General has adequate resources to
implement the provision of the bill.
The bill would establish Children's Advocacy Centers to assess
victims of child abuse and their families to determine their need
for and provide services related to the investigation of child
abuse, provide a facility at which a multidisciplinary team can
meet and coordinate the activities of governmental entities
related to child abuse investigations and delivery of services to
child abuse victims and their families.
The Department of Human Services is directed to establish and
operate a toll-free family violence telephone line to provide
information regarding family violence shelters and services as
well as information about protective orders.
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 Cost Out Probable Loss Probable Cost
Year of General Out of Out of
Revenue Federal Funds 555 Federal Funds 555
Fund 001
1996 $570,051 $48,621,588 $100,764
1997 385,763 50,956,060 31,976
1998 385,763 53,401,950 31,976
1999 385,763 55,965,245 31,976
2000 385,763 58,651,576 31,976
Fiscal Probable Revenue Change in
Year Gain from Child Number of State
Support Retained Employees from
Collections 787 FY 1995
1996 $6,589,000 12.0
1997 9,250,000 12.0
1998 17,233,000 12.0
1999 10,644,000 12.0
2000 10,644,000 12.0
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: Office of the Attorney General, Comptroller of Public
Accounts,
Department of Human Services,
Department of Protective and Regulatory
Services
LBB Staff: JK, DC, RR