LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  March 10, 1997
         
         
      TO: Honorable Rodney Ellis, Chair            IN RE:  Senate Bill No. 416
          Committee on Jurisprudence                              By: Harris
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB416 ( Relating 
to the private enforcement and collection of child support payments 
under the Child Support Collection Privatization Council.) this 
office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB416-As Introduced
         

Implementing the provisions of the bill would result in a 
net positive impact of $503,380 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.

This bill would create a Child Support Privatization 
Council.  This new Council would divide the state into six to 
ten regions and award collection contracts to a selected attorney 
in each region to enforce and collect child support on IV-D 
cases that are not in compliance within 120 days from the date 
an order or agreement is entered.

The bill would require 
that those eligible to bid on the private contracts be attorneys 
with not less than 5 years of experience in the legal enforcement 
of large-scale collections.  The term of the collections contracts 
would be required to be for at least 4 years.  The bill would 
provide that a fee of 15% of the total collections would be 
paid to the private contractor.  The fee would be collectable 
for 5 years or during the time an obligor remains in material 
compliance with the order, whichever is shorter.  

         
 
Fiscal Analysis
 
Federal standards for procuring private support enforcement 
services provide that "all procurement transactions shall be 
conducted in a manner to provide, to the maximum extent possible, 
open and free competition" (45 Code of Federal Regulations 74.43). 
The Office of the Attorney General (OAG) states in their assessment 
of fiscal implications that "Section 233.006 of this bill likely 
violates federal regulations relating to competitive procurement 
and therefore jeopardizes federal financial participation in 
any payments going to the private contractors."  

Private 
contractors handling IV-D cases are required to adhere to federal 
regulations that are imposed upon the OAG as Texas's IV-D agency, 
including case-processing time frames and automation requirements. 
 To comply with federal regulations, private collection contractors 
would have to use the new child support computer system, and 
an automated two-way case transfer process would need to be 
developed.  Legal actions filed by the private contractor must 
be recorded on the child support automated system and distinguished 
from other legal actions of the OAG.
 
Methodolgy
 
In order to estimate a potential impact to state Retained Collections 
(based on the fee structure outlined in the legislation), the 
following assumptions were made: 

  * the OAG states that 
"it is likely that" several provisions of this bill (e.g., length 
of contract, contractor eligibility, a flat 15 percent fee) 
do not meet federal competitive procurement regulations and, 
therefore, federal matching funds for payments to private contractors 
would not be available.  However, this estimate assumes that 
such funds would be available at the current 66 percent to 34 
percent federal-to-state match rate;
    *  75 percent of referrals 
would be non-TANF (not receiving public assistance) based on 
IV-D cases with court orders, i.e., for every 50,000 cases referred, 
37,500 would be non-TANF and 12,500 would be TANF;
  *  50 
percent of all cases would average paying $200 a month for total 
collections of $60,000,000 per year; 
  *  fees to private 
collectors, at 15 percent, would be $9,000,000 per year with 
the state paying 34 percent of that total (except in FY 1998, 
where a six-month start-up time was assumed);
  *  state Retained 
Collections would be 37.7 percent of total TANF collections;
 
 *  as collections increase on TANF referrals, recipients would 
move off public assistance, decreasing TANF collections (and 
state Retained Collections) each year; 
  * the rate of recipients 
moving off public assistance would increase approximately 10 
percent per year (with a six-month start-up time in FY 1998), 
and reach a 40 percent total "move-off" rate by fiscal year 
2000, at which point the rate would remain unchanged in following 
years;
  *  payments to private contractors would be made from 
child support retained collections;  
  * the OAG estimates 
that additional programming to implement the two-way case transfer 
process would be $539,000 for fiscal year 1998 only. 
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
are estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable Revenue   Probable           
            Gain/(Loss) from   Savings/(Cost)                                                             
            General Revenue    from General                                                               
            Fund--Child        Revenue                                                                    
            Support Retained   Fund--Child                                                                
            Collections        Support Retained                                                           
                               Collections                                                                
            0001               0001                                                                        
       1998        $1,956,630      ($2,069,000)                                                      
       1998         3,675,750       (3,060,000)                                                      
       2000         3,393,000       (3,060,000)                                                      
       2001         3,393,000       (3,060,000)                                                      
       2002         3,393,000       (3,060,000)                                                      
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998           ($112,370)
               1999              615,750
               2000              333,000
               2001              333,000
               2002              333,000
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No significant fiscal implication to units of local government 
is anticipated.
          
   Source:            Agencies:   304   Comptroller of Public Accounts
                                         302   Office of the Attorney General
                                         
                      LBB Staff:   JK ,BB ,JC