LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  February 25, 1997
         
         
      TO: Honorable Judith Zaffirini, Chair            IN RE:  Senate Bill No. 116
          Committee on Health & Human Services                              By: Zaffirini
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB116 ( Relating 
to investigations of alleged abuse, neglect, or exploitation 
of individuals in certain facilities.) this office has detemined 
the following:
         
         Biennial Net Impact to General Revenue Funds by SB116-As Introduced
         
No significant fiscal implication to the State is anticipated.
         
FISCAL ANALYSIS

The bill would amend Chapter 261 of the Family 
Code, which governs investigations of reported child abuse or 
neglect.  The bill would add "exploitation" as a condition requiring 
investigation.  The bill would require state agencies to adopt 
rules that describe conduct constituting abuse, exploitation, 
or neglect for purposes of investigation and resolution of reports. 
 Adopted rules, to the extent they describe conduct constituting 
abuse or neglect, must afford a child the same or greater standard 
of protection as prescribed by the definitions of those terms 
under Section 261.001.

The bill would also require the Department 
of Protective and Regulatory Services to investigate reports 
of exploitation in a facility operated by, regulated by, or 
providing services under a contract with the Texas Department 
of Mental Health and Mental Retardation.

The bill would amend 
Section 48.036 (a) of the Human Resource Code, which governs 
protective services for elderly and disabled persons.  Current 
law provides that a person having reasonable cause to believe 
an elderly or disabled person is in a state of abuse, exploitation, 
or neglect shall report the information to the Department of 
Protective and Regulatory Services.  The bill would require 
the report to be made "immediately."

METHODOLOGY

The bill 
could increase the number of investigations by the Department 
of Protective and Regulatory Services, as the bill requires 
the agency to investigate a new category of abuse (exploitation). 
Nonetheless, increases in workload are expected to be modest, 
and the agency should be able to absorb associated costs within 
its appropriated budget.  Similarly, the Office of the Attorney 
General should be able to file an increased number of lawsuits 
(resulting from an increased number of investigations) without 
exceeding its appropriated budget.

The Department of Protective 
and Regulatory Services would need to modify its automation 
system by adding "exploitation" as an allegation category.  
This one-time expense would cost approximately $40,000, and 
would not have a significant fiscal impact on the agency. 
         
 
          
No significant fiscal implication to units of local government 
is anticipated. 
          
   Source:            Agencies:   655   Texas Department of Mental Health and Mental Retardation
                                         529   Health and Human Services Commission
                                         530   Department of Protective and Regulatory Services
                                         302   Office of the Attorney General
                                         
                      LBB Staff:   JK ,BB ,PP