LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 9, 1997
TO: Honorable Hugo Berlanga, Chair IN RE: Senate Bill No. 476, As Engrossed
Committee on Public Health By: Madla
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB476 ( Relating
to certain criminal background information obtained by the Texas
Commission on Alcohol and Drug Abuse.) this office has detemined
the following:
Biennial Net Impact to General Revenue Funds by SB476-As Engrossed
Implementing the provisions of the bill would result in a net
impact of $0 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.
Fiscal Analysis
This bill would allow the Texas Commission on Alcohol and Drug
Abuse (TCADA) to conduct criminal background checks on applicants
for and holders of chemical dependency counselor licenses.
The bill would authorize TCADA to obtain information from the
Department of Public Safety regarding criminal history information.
The bill would also allow TCADA to obtain information from
the Federal Bureau of Investigation (FBI) relating to the wanted
persons status of an individual in addition to information obtained
under Section 411.087. Criminal history information obtained
by TCADA could not be released or disclosed except under court
order or with the consent of the individual who is the subject
of the background check. TCADA would be able to provide the
applicant or licensee with a copy of the criminal history record
information obtained.
The bill would authorize TCADA to
charge a fee to the individual on whom the criminal background
check is being conducted in order to cover the costs of obtaining
the criminal history information. Revenue from these fees would
only be appropriated to TCADA for the purpose of carrying out
the proposed bill. Revenue from these fees would not be credited
to the licensed chemical dependency counselors fund.
Methodolgy
TCADA estimates conducting 3,200 criminal background checks
annually for applicants and holders of chemical dependency counselor
licenses. The current cost to conduct a criminal background
check is $25.00 paid to the FBI for a finger print card, and
$10.00 to the Department of Public Safety (DPS) to do a set
of finger prints. This analysis also assumes that DPS would
forward the completed finger print cards to the FBI at no cost
to TCADA, as is the current practice. The numbers in the table
below reflect the assumption that the $35.00 cost for obtaining
criminal history record information will be recovered through
a fee charged to the individual on whom the background check
is being conducted.
The probable fiscal implications of implementing the provisions
of the bill during each of the first five years following passage
is estimated as follows:
Five Year Impact:
Fiscal Year Probable Probable Revenue
Savings/(Cost) Gain/(Loss) from
from General General Revenue
Revenue Fund Fund
0001 0001
1998 ($112,000) $112,000
1998 (112,000) 112,000
2000 (112,000) 112,000
2001 (112,000) 112,000
2002 (112,000) 112,000
Net Impact on General Revenue Related Funds:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 $0
1999 0
2000 0
2001 0
2002 0
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
No fiscal implication to units of local government is anticipated.
Source: Agencies:
405 Department of Public Safety
517 Commission on Alcohol and Drug Abuse
LBB Staff: JK ,BB ,MG