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