LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
May 22, 1997
TO: Honorable James E. "Pete" Laney IN RE: House Bill No. 155, As Passed 2nd House
Speaker of the House Greenberg
House of Representatives
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB155 ( Relating
to the listing and registration of family homes; providing penalties.)
this office has detemined the following:
Biennial Net Impact to General Revenue Funds by HB155-As Passed 2nd House
Implementing the provisions of the bill would result in a net
positive impact of $242,132 to General Revenue Related Funds
through the biennium ending August 31, 1999.
The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.
Fiscal Analysis
The bill would amend Chapter 42 of the Human Resources Code
relating to the regulation of child-care facilities. Current
law requires family homes that care for 4 or more children,
excluding the caretaker's own children, to register with the
Department of Protective and Regulatory Services (DPRS). The
bill would require family homes to list or register with the
department if they provide compensated care for 3 or fewer children
who are unrelated to the caretaker. This new requirement would
only apply to family homes that provide child care on a regularly
scheduled basis for more than nine consecutive weeks.
The
bill would require DPRS to conduct a background and criminal
history check on certain individuals when a child-care facility
or family home applies for licensure, listing, or registration.
It would also require DPRS to conduct a background and criminal
history check when certain individuals become associated with
a licensed child-care facility, listed family home, or registered
family home. The child-care facility or family home would be
required to pay a fee that could not exceed the department's
administrative costs.
The bill would require the department
to investigate a listed family home when an abuse or neglect
complaint, as defined by Chapter 261 of the Family Code, is
received.
The bill would specifically authorize the department
to enforce the family home regulation statute by taking a variety
of actions, such as denying or revoking a listing or registration.
It would establish a $50 to $100 per day civil penalty for
unlisted or unregistered activity, and for threatening serious
harm to a child. It would also allow the department to sue
in district court for injunctive relief or to recover the civil
penalty.
The bill would require the department to charge
each listed family home a $20 annual fee to cover a portion
of the department's regulatory costs.
The effective date
for the bill would be September 1, 1997.
Methodolgy
DPRS reports that there were 12,192 registered family homes
in 1996. It is assumed that the proposed listing or registration
requirement for small family homes would cause the total number
of regulated family homes to increase by 1,250 in 1998 and 1,250
in 1999. It is assumed that every small family home would choose
listing over registration, and that the number of listed family
homes would remain constant in the year 2000 and beyond. There
would be a 21% turnover rate among listed family homes in the
year 2000 and beyond.
It is assumed that implementation of
the bill's provisions relating to background and criminal history
checks would require DPRS to search for information on more
than 24,000 persons associated with child-care facilities and
family homes each year. Each person would be checked for a
history of child abuse and neglect using the department's own
records, and for a criminal history using records kept by the
Texas Department of Public Safety. A very small number would
also require an FBI fingerprint check. DPRS would need to increase
its licensing staff by 5 FTE positions to accommodate the new
workload. It is assumed that the department would establish
a fee to recover the full administrative cost of conducting
the checks.
The provision requiring the department to investigate
a listed family home when an abuse or neglect complaint is received
would have no fiscal impact because the department already investigates
these complaints under Chapter 261 of the Family Code.
The
new enforcement provisions would have no significant fiscal
impact for the department, the Office of the Attorney General,
or local governments.
The probable fiscal implications of implementing the provisions
of the bill during each of the first five years following passage
is estimated as follows:
Five Year Impact:
Fiscal Year Probable Probable Revenue Change in Number
Savings/(Cost) Gain/(Loss) from of State
from General General Revenue Employees from
Revenue Fund Fund FY 1997
0001 0001
1998 ($211,378) $319,944 5.0
1998 (211,378) 344,944 5.0
2000 (187,187) 320,753 5.0
2001 (187,187) 320,753 5.0
2002 (187,187) 320,753 5.0
Net Impact on General Revenue Related Funds:
The probable fiscal implication to General Revenue related funds
during each of the first five years is estimated as follows:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 $108,566
1999 133,566
2000 133,566
2001 133,566
2002 133,566
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: Agencies:
LBB Staff: JK ,BB ,NM