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