LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session February 27, 2001 TO: Honorable Kim Brimer, Chair, House Committee on Business & Industry FROM: John Keel, Director, Legislative Budget Board IN RE: HB1204 by Brimer (Relating to the provision of risk management services and the administration of a workers' compensation insurance program by the State Office of Risk Management for certain state agencies, including certain institutions of higher education.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB1204, As Introduced: negative impact of $(164,875) 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 $(89,450) * * 2003 (75,425) * * 2004 (120,200) * * 2005 (71,375) * * 2006 (40,600) * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Savings/(Cost) from * * General Revenue Fund * * 0001 * * 2002 $(89,450) * * 2003 (75,425) * * 2004 (120,200) * * 2005 (71,375) * * 2006 (40,600) * ***************************************************** Fiscal Analysis The bill would expand the State Office of Risk Management's (SORM) current responsibilities to include risk management duties for the Texas Tech University System, the Texas A&M University System, the University of Texas System and the Texas Department of Transportation (TxDot). These institutions are currently exempt from SORM's risk management duties due to Section 412.052 of the Labor Code which HB1204 proposes to repeal. The bill would also expand SORM's current responsibilities to include administration of the workers' compensation insurance program for Texas A&M, the University of Texas and the Texas Department of Transportation. Each of these institutions currently administers its own workers' compensation insurance program as authorized in the Labor Code. HB1204 proposes to amend the Labor Code to transfer each of these institution's risk management and workers' compensation insurance program duties to SORM. The bill would also expand the Attorney General's (AG) responsibilities to include contested case hearings for Texas A&M (the Attorney General's office currently handles contested case hearings for Texas Tech, the University of Texas and the Texas Department of Transportation). Methodology In order to estimate the costs associated with transferring the risk management and workers' compensation insurance programs to SORM, each institution and TxDot provided associated expenditures, including the number of FTEs, for each of these programs in fiscal year 2000. The institutions and TxDot reported a total of 60 FTEs designated to the administration of risk management and the workers' compensation insurance programs in fiscal year 2000. The total costs associated with these administrative positions in fiscal year 2000 was approximately $4.5 million. The institutions reported total claims expenditures to be approximately $12 million in fiscal year 2000. SORM operates its workers' compensation insurance program under the same Texas Workers' Compensation Commission (TWCC) guidelines as the Texas A&M System, the University of Texas System and the Texas Department of Transportation. Therefore, there should be no significant variance in claims payments as a result of this legislation. SORM estimates it would need 60 additional FTEs to assume the risk management and workers' compensation insurance program duties for the institutions and TxDot. It is assumed that the current level of staff and resources needed for administration would be gradually transferred to SORM from the institutions and TxDot. There would be one time costs for computer equipment and furniture associated with the new SORM personnel, ranging from $89,450 in fiscal year 2002 to $40,600 in fiscal year 2006. The Attorney General's office estimates it would need seven additional FTEs in the Tort Litigation Division at an annual cost of approximately $240,000 over the next five years if the legislation is passed to handle A&M's claims. According to the AG's office, this estimate is based on the current ratio of attorneys to covered employees in the state. This analysis assumes the necessary resources could be transferred from A&M to the AG's office. Source Agencies: 710 The Texas A&M University System, 768 Texas Tech University System, 479 State Office of Risk Management, 781 Texas Higher Education Coordinating Board, 720 The University of Texas System, 601 Texas Department of Transportation, 302 Office of the Attorney General LBB Staff: JK, JO, JC