LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 14, 1997
TO: Honorable Harvey Hilderbran, Chair IN RE: House Bill No. 2663
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-As Introduced
Implementing the provisions of the bill would result in a net
impact of $0 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 require the Texas Department of Protective and
Regulatory Services (PRS) to obtain criminal history record
information from the Texas Department of Public Safety (DPS)
relating to a wide range of individuals who are associated with
the direct delivery of child and adult protective services,
or the delivery of child-care services. Current law merely
authorizes PRS to obtain this information.
The bill would
require PRS to obtain criminal history record information from
DPS relating to family home owners, employees, and applicant
employees. Current law does not include this provision.
The
bill would require PRS to obtain criminal history record information
from the Federal Bureau of Investigation (FBI), or any other
criminal justice agency in the state, when it requests criminal
history record information from DPS relating to the individuals
mentioned above. Current law does not require PRS to obtain
this information.
The bill would not allow PRS to charge
a fee to recover the administrative costs of obtaining the criminal
history record information relating to the individuals mentioned
above. Current law allows PRS to charge such a fee.
The
bill would authorize PRS to obtain criminal history record information
from DPS relating to persons who provide in-home child care,
when the information is requested by the child's parent with
the written consent of the provider. Current law does not include
this provision, but it does allow PRS to charge a fee to recover
the administrative costs of obtaining the criminal history record
information relating to these individuals.
The bill would
require PRS to conduct background and criminal history checks
when a person applies for family home registration and at least
once every 24 months thereafter. This provision would cover
the family home's owner, employees, residents, and anyone else
who regularly or frequently stays or works at the home when
child care is provided. The bill would require PRS, by rule,
to require that family homes pay a fee in an amount not to exceed
the administrative costs of conducting the background and criminal
history checks.
The effective date for the bill would be
September 1, 1997.
Methodolgy
PRS reports that criminal history record information is already
obtained from DPS relating to individuals who are associated
with the direct delivery of child and adult protective services,
or the delivery of child-care services. FBI fingerprint checks
are only required for a very small number of these individuals.
No fee is charged to cover the administrative costs of obtaining
the information. It is assumed that implementation of the provision
requiring PRS to obtain criminal history record information
from the FBI, when it requests criminal history record information
from DPS, would increase the agency's administrative costs because
each FBI fingerprint check would cost $24. It is also assumed
that the additional costs could be absorbed within the agency's
current resources.
PRS reports that background and criminal
history checks are already conducted when a family home seeks
registration. Therefore, it is assumed that implementation
of the bill's provisions relating to these checks would primarily
affect registered family homes that have been in the system
for two years. The agency reports that there were 12,192 registered
family homes in 1996 and this number should remain constant
through the year 2002.
PRS estimates that the background
and criminal history check requirement would encompass an average
of 2.5 persons per family home. It is assumed that each person
would be checked for a history of child abuse or neglect using
the department's own records, and for a criminal history using
records kept by DPS and the FBI. It is also assumed that one-half
of the registered family home caseload, or 6,096 homes, would
be checked each year. This would result in more than 15,000
background and criminal history checks annually.
PRS would
have to increase its licensing staff to accommodate the additional
workload. It is assumed that the department would establish
a fee to recover the full administrative costs of conducting
the background and criminal history checks. These administrative
costs would encompass 3.3 new FTEs, a $1 fee for each DPS check,
and a $24 fee for each FBI check. Therefore, it is assumed
that the background and criminal history check fee would be
slightly less than $33 per person.
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 ($499,182) $499,182 3.3
1998 (499,182) 499,182 3.3
2000 (499,182) 499,182 3.3
2001 (499,182) 499,182 3.3
2002 (499,182) 499,182 3.3
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 $0
1999 0
2000 0
2001 0
2002 0
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: 405 Department of Public Safety
530 Department of Protective and Regulatory Services
LBB Staff: JK ,BB ,NM