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