LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                                May 7, 1999
  
  
          TO:  Honorable Steven Wolens, Chair, House Committee on State
               Affairs
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB5 by Gray (relating to parental notification before an
               abortion may be performed on certain minors), Committee
               Report 1st House, as amended
  
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*  No significant fiscal implication to the State is anticipated.        *
*                                                                        *
*  The bill would make no appropriation but could provide the legal      *
*  basis for an appropriation of funds to implement the provisions of    *
*  the bill.                                                             *
**************************************************************************
  
The bill would allow a court to issue an order to the State that would
require the State to pay the court costs associated with a minor's
application to seek judicial consent for an abortion without parental
(conservator or guardian) notification.  Specifically, the bill would
require the court-ordered amount to be paid from funds appropriated to
the Department of Health (TDH) for family planning.  House Bill 1
(General Appropriations bill) would appropriate $129 million in All Funds
and $6 million in General Revenue Match for Medicaid to the family
planning services strategy for the 2000-01 biennium. It is the opinion of
TDH that federal family planning funds and the General Revenue Funds
appropriated to match them cannot be used to cover abortion-related court
costs.

TDH estimates that 5,523 pregnant minors in Texas chose abortion in 1997.
According to TDH, research shows that 39 percent of pregnant minors do
not involve parent(s) or other legally responsible adults in making
decisions on abortion.  It is assumed that 10 percent of the minors who
do not involve a parent would use the courts to avoid notifying a parent.
According to the agency, TDH would incur court expenditures for 216
minors.  The estimated cost of fees for an attorney ad litem or a
guardian ad litem is $1,200 per case, based on estimated average attorney
fees of $150 per hour for 8 hours per case. Total court costs incurred
by TDH  for minors who would file applications are estimated to be
$259,200 per fiscal year.

TDH assumes that 50 percent of applications filed by minors are denied
and appealed.  It is assumed that the department would incur the cost of
appeals totaling $207,360 per year. The estimate includes attorney fees
and court reporter costs for transcripts.

Total costs incurred by TDH for minors' applications and appeals are
estimated to be $466,560 per year.  It is assumed that these costs can be
absorbed by the department with existing resources.

The bill also requires physicians to certify in writing to the Board of
Medical Examiners when they conclude that a medical emergency exists and
the required notification could not be provided.  It is assumed that the
agency would absorb any costs associated with this additional
responsibility using its existing resources.
  
Local Government Impact
  
Under the bill, filing fees are not required of and court costs may not
be assessed against a minor.  Assuming that a court would issue an order
to the State to pay any significant court-related costs associated with
the provisions of the bill, court-related costs would be recovered by
local governments.

According to Harris County, the average filing fee for the affected
courts is $150.  Harris County estimates that it would incur annual
filing fee costs of approximately $90,000.  The estimate is based on the
assumption that 50 percent of the 1,200 minors who receive abortions
annually in the county, or 600 minors, would file for court
authorization.
  
  
Source Agencies:   503   Board of Medical Examiners, 501   Department of
                   Health
LBB Staff:         JK, BB, RM