LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 19, 2001 TO: Honorable Elliott Naishtat, Chair, House Committee on Human Services FROM: John Keel, Director, Legislative Budget Board IN RE: HB165 by Keffer (Relating to eligibility for Temporary Assistance for Needy Families benefits.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB165, As Introduced: negative impact of $(12,575,841) through * * the biennium ending August 31, 2003. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(6,150,657) * * 2003 (6,425,184) * * 2004 (7,849,144) * * 2005 (7,911,260) * * 2006 (7,974,718) * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Probable Probable Probable * * Year Savings/(Cost) Savings/(Cost) Savings/(Cost) Savings/(Cost) * * from Federal from Federal from GR Match from GR Match * * Funds - Federal Funds - Federal for Medicaid for Medicaid * * 0555 0555 0758 0758 * * 2002 $6,694,828 $(365,519) $925,377 $(241,655) * * 2003 10,825,098 (465,707) 1,461,112 (309,438) * * 2004 11,124,473 (465,834) 1,462,890 (309,652) * * 2005 11,424,183 (466,245) 1,463,696 (309,924) * * 2006 11,725,381 (466,656) 1,464,907 (310,197) * *************************************************************************** Given the limited availability of Temporary Assistance for Needy Families (TANF) federal funds, for the purpose of this fiscal note, General Revenue is assumed as the method of financing. Should additional TANF federal funds be available, $6,834,379 in General Revenue costs assumed for FY 2002 and $7,576,858 for FY 2003 could be financed with TANF federal funds. ***************************************************** * Fiscal Year Probable Savings/(Cost) from GR * * MOE for Temporary Assistance for * * Needy Families * * 0759 * * 2002 $(6,834,379) * * 2003 (7,576,858) * * 2004 (9,002,382) * * 2005 (9,065,032) * * 2006 (9,129,428) * ***************************************************** Technology Impact An estimated $198,550 for 1,950 hours of programming would be required by the Department of Human Services (DHS) to implement the provisions of the bill. Fiscal Analysis The bill amends several sections of Chapter 31 of the Human Resources Code. Section 2 of the bill amends Sections 31.0032(a) and (c) to require DHS or the Title IV-D agency to apply full family sanctions for failure to comply with a Personal Responsibility Agreement (PRA). Section 3 of the bill amends Section 31.00321 to require DHS to apply escalating sanctions for failure to comply with the work requirements of the PRA. On a person's first failure or refusal, the adult member's financial assistance would be deducted from the family's monthly assistance for one month or until compliance, whichever is later. After three months a full family sanction would be applied, and the family could reapply after one month. On a person's second failure or refusal, the adult member's assistance would be deducted for two months or until compliance, whichever is later. After three months a full family sanction would be applied, and the family could reapply after two months. On a person's third or subsequent failure or refusal, a full family sanction would be applied and the family could reapply after six months. Section 4 of the bill amends Section 31.0033(c) to require DHS to apply appropriate sanctions on the person or the family if good cause for noncompliance is not shown. Section 5 amends Sec. 31.00331 to require DHS, the Texas Workforce Commission (TWC) or a local workforce development board to conduct a case review of families sanctioned for failure to comply with work requirements, without good cause. The review would have to be conducted within five days of the date benefits were reduced, would identify barriers contributing to the person's inability to comply, and would determine appropriate preventive and support services for referral. DHS would be required to provide preventive and support services if community-based services were not available, Section 6 of the bill adds Section 31.0038, to require DHS to adopt rules that would disregard a significant portion of earned income in determining financial assistance for six months following employment. All provisions of the bill would become effective September 1, 2001. Methodology Data on sanctions over a 12-month period were analyzed to estimate the number of cases that would be denied a full family sanction. Estimates were adjusted to reflect increases in the number of cases with a person required to participate in work activities. It was assumed there would be one sanctioned person per TANF basic case with a sanction and 1.3 sanctioned persons per TANF-UP case with a sanction. The average grant was adjusted to reflect maintaining benefits at 17% of the federal poverty level. It was assumed the number of clients receiving an earned income disregard (EID) increases 8% in FY 2002 and 25.3% in FY 2003, then remaining level through FY 2006. A retention factor was applied over the period of the EID reflecting current experience of 32.2% of clients remaining on the caseload through the fourth month. It was assumed the maximum gross income limit currently in effect would continue and the EID level would continue to be 90% of earnings. In addition to cash assistance, it was assumed clients would receive an additional two months of child care for one child at $16.21 per day for 43.5 days. It was also assumed the client would receive an additional two months of Choices services at $178.83 per month. Extending the disregard by two months provides clients two additional months of Medicaid coverage. Medicaid costs reflect insured services, cost-reimbursed services, vendor drug and medical transportation. Data are not available to estimate the cost of requiring DHS to provide preventive and support services, in the absence of available community-based services, but could have a significant fiscal impact. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 501 Texas Department of Health, 324 Texas Department of Human Services, 320 Texas Workforce Commission LBB Staff: JK, HD, KE