LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 23, 1997
TO: Honorable John Whitmire, Chair IN RE: House Bill No. 2699, As Engrossed
Committee on Criminal Justice By: Gray
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HB2699 ( Relating
to the continuation and functions of the Council on Sex Offender
Treatment and to the administration of certain of those functions
by the Texas Department of Health.) this office has detemined
the following:
Biennial Net Impact to General Revenue Funds by HB2699-As Engrossed
Implementing the provisions of the bill would result in a net
positive impact of $140,000 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 Article 4413(51) of Vernon's Texas Civil
Statutes and Section 413.009 (a), Government Code. The bill
would consolidate the regulatory functions of the Council on
Sex Offender Treatment within the Texas Department of Health
(TDH) and give the Criminal Justice Policy Council the authority
to evaluate the effectiveness and need for a state-administered
sex offender treatment program. The bill also would increase
the size of the Council from three to six part-time members
and require the Council to recover its costs through fees and
grants.
Methodolgy
The Council on Sex Offender Treatment is subject to the provisions
of the Texas Sunset Act, and unless continued by the 75th Legislature,
will be abolished September 1, 1997. Funding for the Council
on Sex Offender Treatment is included in the General Appropriations
Act, as introduced, and is contingent upon passage of H.B. 2699
or similar legislation. The appropriations would be financed
from general revenue and appropriated receipts in the amount
of $115,000 and two employees in fiscal year 1998 and $110,000
and two employees in fiscal year 1999.
Transferring the regulatory
functions of the Council to TDH would result in savings due
to the elimination of contracts by the Council for professional
services for its budgeting and accounting and for temporary
services. These are functions that can be assumed by existing
TDH budgeting and clerical staff at no additional cost. No
additional dedication of TDH staff for CSOT purposes is anticipated.
TDH can also provide enforcement and technical support to the
Council at no additional cost. Because the Council would no
longer need to make annual expenditures of $18,000 for budgeting
and accounting and $8,300 for temporary services, its probable
annual savings to General Revenue would be $26,300.
Increasing
the size of the Council from three to six members would result
in additional cost to General Revenue of $3,300 annually, based
on the Council's reimbursement rate for Council-related travel
expenses in FY 1996 Each member was reimbursed at an average
rate of $1,100 for the year.
Requiring the Council to recover
costs through fees and grants would eliminate the agency's need
for General Revenue funding. The Council would either need
to reduce its costs or increase its fees to make up for the
$70,000 it currently receives in General Revenue funding. By
subtracting from the General Revenue appropriation of $70,000
the estimated savings of $26,300 from the transfer of Council
functions to TDH and adding the $3,300 cost of the additional
three board members, the probable revenue gain that the Council
would need to generate from fees is $47,000 annually.
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 Probable Revenue Change in Number
Savings/(Cost) Savings/(Cost) Gain/(Loss) from of State
from General from General General Revenue Employees from
Revenue Fund Revenue Fund Fund FY 1997
0001 0001 0001
1998 $26,300 ($3,300) $47,000 0.0
1998 26,300 (3,300) 47,000 0.0
2000 26,300 (3,300) 47,000 0.0
2001 26,300 (3,300) 47,000 0.0
2002 26,300 (3,300) 47,000 0.0
Net Impact on General Revenue Related Funds:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 $70,000
1999 70,000
2000 70,000
2001 70,000
2002 70,000
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: 501 Department of Health
116 Sunset Advisory Commission
LBB Staff: JK ,CB ,BP