LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
May 26, 1997
TO: Honorable Bob Bullock IN RE: Senate Bill No. 34, As Passed 2nd House
Lieutenant Governor Zaffirini
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB34 ( Relating
to the parent-child relationship, suits affecting the parent-child
relationship, and the protection of children.) this office has
detemined the following:
Biennial Net Impact to General Revenue Funds by SB34-As Passed 2nd House
Implementing the provisions of the bill would result in a net
positive impact of $4,468,614 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 numerous provisions in the Family Code
and the Government Code relating to the parent-child relationship,
suits affecting the parent-child relationship, and the protection
of children.
Implementation of several provisions in the
bill would have no significant fiscal impact. These include
requiring the Department of Protective and Regulatory Services
(PRS) to maintain in its central database specific information
concerning adoption and substitute care, and requiring the Office
of Court Administration to prepare an annual report on judicial
efficiency.
The bill's provisions relating to permanency
planning for children in the managing conservatorship of PRS
would have a significant fiscal impact. The bill would require
the court to dismiss a suit affecting the parent-child relationship
on the first Monday after the first anniversary of the date
the court rendered an order appointing PRS as temporary managing
conservator, unless the court had already rendered a final order
or granted an extension of up to 180 days. The bill would also
allow the court to retain jurisdiction over the child, and not
dismiss the suit or render a final order, under certain circumstances.
The effective date for these provisions would be January 1,
1998, and the provisions would apply to all suits commenced
before, on, or after this date. The court could establish a
later dismissal date for suits involving children in PRS temporary
managing conservatorship before September 1, 1997.
The bill
would require county attorneys, district attorneys, or criminal
district attorneys to provide legal representation for PRS in
court actions brought under the Family Code. It would require
an attorney employed by or contracting with PRS to provide the
legal representation in cases where there is a conflict of interest
or special circumstances exist. It would also allow PRS to
reimburse county attorneys, district attorneys, criminal district
attorneys, the attorney general, or private attorneys from any
available state or federal funds for the costs of representing
PRS in these court actions. The effective date for these provisions
would be September 1, 1997.
Methodolgy
It is assumed that the provisions relating to permanency planning
for children in PRS temporary managing conservatorship would
significantly increase the workload of the department's child
protective services program. The workload increase would be
heaviest in the first two fiscal years, when the department
would implement new permanency planning procedures and begin
moving about 3,500 foster children who have been in conservatorship
for 12 or more months through the court system. Additional
child protective services staff would be needed to handle the
new permanency planning requirements. The cost estimate assumes
a ratio of six child protective service workers per clerk.
It
is also assumed that the provisions relating to legal representation
would increase the workload of the department's legal staff.
The department estimates that the new workload could be accommodated
without cost to local prosecutors by adding six attorneys, three
legal secretaries, and one legal assistant. These individuals
would provide litigation support, training, and legal case management
statewide. The legal secretary would also maintain a statewide
legal tracking system for all PRS legal cases.
The cost of
the additional workload would be more than offset by a savings
in foster care and other purchased service payments, because
the provisions of the bill would cause some children to leave
the system more quickly. The cost estimate uses federal revenue
from the Temporary Assistance for Needy Families (TANF) program.
In the event that TANF funds are unavailable for allocation,
General Revenue may need to be substituted. The net additional
cost to the General Revenue Fund under this scenario would be
about $900,000 in fiscal years 1998 and 1999.
Estimated savings
have been revised slightly to reflect updated information received
from PRS on April 25, 1997. This information corrected a data-entry
error on the agency's previous cost estimate.
A potential
exists for increased costs due to implementation of the provision
allowing PRS to reimburse attorneys for the cost of legal representation
in court actions under the Family Code, but this would be dependent
on board rules and agency implementation policies.
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 Probable Change in Number
Savings/(Cost) Savings/(Cost) Savings/(Cost) Savings/(Cost) of State
from General from General from Federal Funds from Federal Funds Employees from
Revenue Fund Revenue Fund FY 1997
0001 0001 0555 0555
1998 ($2,828,922) $360,918 ($2,066,809) $562,862 103.4
1998 (5,579,392) 12,516,010 (4,067,016) 6,144,442 217.0
2000 (2,757,152) 18,168,770 (2,031,160) 8,821,369 101.8
2001 (1,980,999) 12,390,049 (1,476,951) 6,027,335 67.4
2002 (2,050,479) 12,389,345 (1,535,426) 6,028,686 67.7
Net Impact on General Revenue Related Funds:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 ($2,468,004)
1999 6,936,618
2000 15,411,618
2001 10,409,050
2002 10,338,866
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
Implementation of the provision allowing PRS to reimburse county
attorneys, district attorneys, and criminal district attorneys
from any available state or federal funds for the costs of representing
PRS in court actions brought under the Family Code could increase
local government revenues. However, this potential would be
dependent on board rules and agency implementation policies.
Implementation
of another provision authorizing presiding judges to appoint
a court master to handle child protection cases would have fiscal
implications for local government. The salary paid to a court
master would be dependent on the decisions of local county officials.
Source: Agencies: 302 Office of the Attorney General
530 Department of Protective and Regulatory Services
501 Department of Health
LBB Staff: JK ,CB ,NM