LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
February 27, 1997
TO: Honorable Judith Zaffirini, Chair IN RE: Senate Bill No. 116, Committee Report 1st House
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 and the offense of failure to report 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-Committee Report 1st House
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, exploitation, or neglect must afford a child as least
as great a standard of protection as provided by 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:
302 Office of the Attorney General
529 Health and Human Services Commission
530 Department of Protective and Regulatory Services
655 Texas Department of Mental Health and Mental Retardation
LBB Staff: JK ,BB