LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session March 11, 1999 TO: Honorable Judith Zaffirini, Chair, Senate Committee on Human Services FROM: John Keel, Director, Legislative Budget Board IN RE: SB27 by Nelson (Relating to parental consent before an abortion may be performed on a minor; providing a criminal penalty), Committee Report 1st House, Substituted ************************************************************************** * 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 require the Department of Health to develop and provide a certification form to be used by a physician to certify that a medical emergency existed and the required consent could not be obtained. It is assumed that costs associated with providing the certification form would be absorbed using the agency's existing resources. The bill would also require the clerk of the Supreme Court of Texas to create an application form to be submitted by minors seeking judicial consent without parental consent and a notice of appeal form. According to the Office of Court Administration, this requirement would have minimal fiscal impact. Local Government Impact The bill would require a justice of the peace to hear and rule on an application submitted by a minor seeking judicial consent without parental consent. The bill would allow a minor whose application was denied to file a de novo appeal to a county court or district court. Filing fees or court costs may not be assessed against a minor. It is assumed that the affected courts would bear the costs for an appointed attorney or a guardian ad litem on behalf of a minor. Dallas County estimates 10 to 20 cases per year at a cost of $500 per case, or approximately $5,000 to $10,000 per year. In addition, Dallas County anticipates a loss of $1,700 to $3,400 in revenue due to the iniability to assess fees. Harris County estimates that the provisions of the bill would result in costs of $643,000 per year based on 600 cases or half of the abortions performed in the county. Source Agencies: LBB Staff: JK, TP, AZ, RM