LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 30, 1997
         
         
      TO: Honorable Harvey Hilderbran, Chair            IN RE:  House Bill No. 2663, Committee Report 1st House, Substituted
          Committee on Human Services                              By: Wise
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB2663 ( Relating 
to background and criminal history checks conducted on certain 
employees, potential employees, and volunteers who directly 
interact with or have the opportunity to associate with children.) 
this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB2663-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
positive impact of $92,340 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 
to require the Department of Protective and Regulatory Services 
(PRS) to conduct background and criminal history checks when 
a person applies for family home registration and at least once 
every 24 months thereafter.  Each check would include a search 
of the department's records of reported abuse and neglect, and 
a search of criminal history information made available by the 
Department of Public Safety (DPS) under Section 411.114 of the 
Government Code.  A family home would be required to pay a fee 
in an amount not to exceed the administrative costs of conducting 
the check.  The effective date for the bill would be September 
1, 1997.
 
Methodolgy
 
PRS currently conducts background and criminal history checks 
when a person applies for family home registration.  The agency 
does not conduct background and criminal history checks at least 
once every 24 months after issuing the registration.

It is 
assumed that PRS would conduct background and criminal history 
checks on 1,785 new family homes and 6,096 registered family 
homes each year.  The agency estimates that each check would 
encompass an average of 2.5 persons.  It is assumed that each 
person would be checked for a history of abuse or neglect using 
the department's own records, and for a criminal history using 
records kept by DPS or the FBI.  PRS would need to increase 
its licensing staff to accommodate the additional workload.

It 
is assumed that PRS would establish a fee to recover the full 
administrative costs of conducting the background and criminal 
history checks on new family homes as well as registered family 
homes.  The administrative costs would encompass staff to search 
the department's abuse and neglect records, a $1 fee for each 
DPS search, and a $24 fee for FBI fingerprint searches that 
would be conducted on a very small number of individuals.  Cost 
and revenue estimates have been updated based on information 
received after the previous fiscal note was issued.
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        ($157,738)          $203,908               3.4                                    
       1998         (157,738)           203,908               3.4                                    
       2000         (157,738)           203,908               3.4                                    
       2001         (157,738)           203,908               3.4                                    
       2002         (157,738)           203,908               3.4                                    
 
 
         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              $46,170
               1999               46,170
               2000               46,170
               2001               46,170
               2002               46,170
 
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