LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 18, 1999
  
  
          TO:  Honorable Steven Wolens, Chair, House Committee on State
               Affairs
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB30 by Shapiro (relating to parental notification before
               an abortion may be performed on certain minors; providing
               a criminal penalty), As Engrossed
  
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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).

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 TDH 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.
  
Local Government Impact
  
The bill would not allow filing fees and court costs may to 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.
  
  
Source Agencies:   530   Department of Protective and Regulatory
                   Services, 501   Department of Health, 694   Youth
                   Commission
LBB Staff:         JK, BB, TP, AZ, RM