LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 26, 1995 TO: Honorable Curtis Seidlits, Chair IN RE: Senate BillNo. 103, Committee on State Affairs as engrossed House of Representatives By: Moncrief Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on Senate Bill No. 103 (Relating to providing guardianship services and pooled income trust for incapacitated persons.) this office has determined the following: The bill would create the Guardianship Resource Board which would be authorized to create a nonprofit corporation and serve as the board. The nonprofit corporation would serve as a center charged with developing a state plan to ensure that each person who needs a guardian receives assistance, In addition the center would consult with units of government and other nonprofit organizations concerning the development of a guardianship program, provide technical assistance and training for guardians and provide information and referral services for guardianship. The nonprofit corporation would be governed by a fourteen member board, consisting of nine members appointed by the governor and five ex officio members from existing human services agencies. The board members would be entitled to a daily per diem amount plus payment for actual expenses. The board is authorized to appoint an executive Director who may hire up to seven employees. The nonprofit cooperation shall prepare and submit to the Guardianship Resource Board a biennial budget including an estimate of all funds the board will receive and all federal that might be allocated to the state for the center's purposes. To the extent other funds, if any, are insufficient for the center to carry out its duties, the executive director shall submit a request to the board for an appropriation from the legislature. In addition to the duties listed above, the bill would establish a community trust within the center to provide guardianship services in certain cases and manage resources and expenditures for beneficiaries of the community trust. The center would be a secondary beneficiary of each trust account and would receive from the trust any surplus funds for the purpose of providing funding for the performance of the general functions assigned to the center. The bill modifies current law to provide that a portion of an estate not demanded from the executor or administrator within six months after court approval of the report of commissioners of partition or six months after settlement of the final account, would be remitted to the Guardianship Resource Board rather than the State Treasurer. The Treasury estimates that this transfer would result in revenue losses as indicated below. 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 Revenue Year of General Loss from General Revenue Fund 001 Revenue Fund 001 1996 $280,155 $235,000 1997 255,580 235,000 1998 255,580 235,000 1999 255,580 235,000 2000 255,580 235,000 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: State Treasury LBB Staff: JK, BR, DF