LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session February 20, 1997 TO: Honorable Judith Zaffirini, Chair IN RE: Senate Bill No. 476, Committee Report 1st House Committee on Health & Human Services By: Madla Senate 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-Committee Report 1st House 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: 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 $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