LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 28, 1997
         
         
      TO: Honorable Toby Goodman, Chair            IN RE:  House Bill No. 3281, Committee Report 1st House, Substituted
          Committee on Juvenile Justice and Family Issues                              By: Goodman
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB3281 ( Relating 
to local court processing for child support cases and to enforcement 
of child support orders; providing penalties.) this office has 
detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB3281-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
positive impact of $14,426,000 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 the Government Code, the Family Code, and 
the Transportation Code to implement initiatives to increase 
child support enforcement collections in Texas.

The bill 
would establish a pilot program to streamline court processing, 
enhance child support collections through competition, enhance 
the Attorney General's "Child Support Evaders" program, and 
require the Department of Public Safety to include in each notice 
sent to a driver's license holder, a notice that the driver's 
license may be suspended if the driver is delinquent in the 
payment of child support.

The bill would partially implement 
the Texas Performance Review (TPR) recommendations GG12, GG13, 
GG14, GG15, and GG16 in Disturbing the Peace:  The Challenge 
of Change in Texas Government.
 
Methodolgy
 
The Comptroller of Public Accounts estimates that the pilot 
program to streamline court processing through a consolidated 
family law processing system would not be contingent upon implementation 
of a state case registry and would include federal financial 
participation based on reinvestment of collections on state-paid 
foster care by the Office of the Attorney General (OAG).  The 
new case processing system would permit Texas to collect child 
support for an estimated seven percent of children in care, 
which would ensure that the pilot project could be funded entirely 
through child support collections.  The Comptroller estimates 
that there would be a one-time cost to the Child Support Retained 
Collections Account in fiscal year 1998 and a net gain to this 
account in subsequent years of $601,000 per fiscal year.

The 
bill would allow child support enforcement functions to be competitively 
bid to increase the number of cases under court order and to 
increase total child support collections.  By allowing the OAG 
to pay child support enforcement vendors on a contingency basis, 
payments could be made without reducing available funds for 
existing operations.  The Comptroller of Public Accounts estimates 
that the use of private vendors could increase revenue to the 
Child Support Retained Collections Account by $3,188,000 in 
fiscal year 1998, $10,467,000 in fiscal year 1999 and $11,577,000 
in subsequent fiscal years.

The Comptroller estimates that 
the increase in the number of non-custodial parents located 
would increase by ten percent, because the use of social security 
numbers would aid in locating non-custodial parents who are 
delinquent in child support payments.  Approximately one-half 
of the state's share of collections for recipients of Temporary 
Assistance for Needy Families (TANF) benefits would be deposited 
in the Child Support Retained Collections Account.  The Comptroller 
estimates that the gain to this account would be $135,000 in 
fiscal year 1998 and $270,000 in subsequent fiscal years.

Additional 
child support collections would reimburse the state for grants 
made under the Temporary Assistance for Needy Families (TANF) 
program and would be deposited into the Child Support Retained 
Collections Account in the General Revenue Fund.  The public 
exposure of child support evaders would enhance the agency's 
search efforts, resulting in increased child support collections. 
 The amount of rewards would be determined by the agency and 
paid from the Child Support Retained Collections Account in 
the General Revenue Fund.  The Comptroller estimates that the 
net gain to the Child Support Retained Collections Account would 
be $44,000 per fiscal year.

The bill would require the Sunset 
Commission to select an independent firm to conduct an analysis 
of the child support enforcement process in the Office of the 
Attorney General.  The firm conducting the study would make 
a recommendation to the Sunset Commission, which would be required 
to report its findings to the 76th Legislature, Regular Session, 
1999.

The Sunset Commission estimates that this analysis 
would cost approximately $300,000 to $500,000 in general revenue 
funds during the 1998-99 biennium.  The bill would require that 
this cost be paid by the Office of the Attorney General out 
of its regular appropriations.

The Department of Public Safety's 
estimates that its License Issuance Bureau would incur additional 
postage and envelope costs of $242,506, as a result of sending 
the advisory notice to those renewing their driver's licenses. 
 One additional Data Entry Operator would be required to offset 
the added mailing requirements.  In fiscal year 1996, there 
were 3,277,116 driver licenses mailed from the Austin headquarters.
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 Revenue   Probable Revenue   Probable           Probable           Change in Number   
            Gain/(Loss) from   Gain/(Loss) from   Savings/(Cost)     Savings/(Cost)     of State          
            General Revenue    General Revenue    from General       from State         Employees from    
            Fund               Fund -- Child      Revenue Fund --    Highway Fund       FY 1997           
                               Support Retained   Child Support                                           
                               Collections        Retained                                                
                               Account            Collections                                             
                                                  Account                                                 
            0001               0001               0001               0006                                  
       1998          $300,000        $3,746,000      ($1,002,000)        ($281,268)               1.0
       1998           601,000        10,783,000           (2,000)         (280,470)               1.0
       2000           601,000        12,647,000           (2,000)         (280,470)               1.0
       2001           601,000        12,647,000           (2,000)         (280,470)               1.0
       2002           601,000        12,647,000           (2,000)         (280,470)               1.0
 
 
         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           $3,044,000
               1999           11,382,000
               2000           13,246,000
               2001           13,246,000
               2002           13,246,000
 
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:   116   Sunset Advisory Commission
                                         405   Department of Public Safety
                                         304   Comptroller of Public Accounts
                                         304   Comptroller of Public Accounts
                                         302   Office of the Attorney General
                                         501   Department of Health
                                         324   Department of Human Services
                      LBB Staff:   JK ,CB ,JC