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