LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                               May 11, 2001
  
  
          TO:  Honorable Teel Bivins, Chair, Senate Committee on
               Education
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3164  by Chavez (Relating to standards for
               prekindergarten programs and coordination of resources
               among prekindergarten programs and other child-care
               programs.), As Engrossed
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB3164, As Engrossed:  negative impact of $(2,682,224) 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                           $(994,596)  *
          *       2003                          (1,687,628)  *
          *       2004                          (1,562,419)  *
          *       2005                          (1,592,594)  *
          *       2006                          (1,622,769)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal    Probable Savings/(Cost) from     Change in Number of State     *
* Year         General Revenue Fund           Employees from FY 2001      *
*                      0001                                               *
*  2002                        $(994,596)                            21.0 *
*  2003                       (1,687,628)                            35.0 *
*  2004                       (1,562,419)                            36.0 *
*  2005                       (1,592,594)                            36.0 *
*  2006                       (1,622,769)                            37.0 *
***************************************************************************
  
Fiscal Analysis
  
Subsection (h) of the bill requires school district pre-kindergarten
programs to comply with applicable child-care licensing standards adopted
by the Department of Protective and Regulatory Services.  The bill
requires the State Board of Education adopt rules to ensure school
district compliance with applicable standards.

Subsection (i) of the bill requires school districts to coordinate
existing, pre-kindergarten programs with Head Start and other licensed
child-care programs, and to investigate site-sharing opportunities with
these programs, before initiating a new pre-kindergarten program.
Subsection (i) also requires the Texas Education Agency to enter into an
interagency agreement with the Department of Protective and Regulatory
Services for DPRS to ensure compliance with the requirements of the
subsection requiring investigation of site-sharing and coordination
efforts, and DPRS is authorized to collect a fee to offset the cost of
providing inspection services under subsection (i).
  
  
Methodology
  
For the purposes of this estimate, school districts are assumed to comply
with all child-care licensing standards.  Since the bill places
responsibility to ensure compliance on the State Board of Education
(SBOE), it is assumed that the staff of the Texas Education Agency would
carry out necessary activities to ensure compliance.  Similar compliance
activities by the Department of Protective and Regulatory Service (DPRS)
would cost an estimated $995,000 in 2002 and $1,700,000 in 2003.  That
estimate assumes a 12-month period to undertake site-compliance visits.
Such activity would also require an additional 21 employees in fiscal
year 2002 and 35 employees in fiscal year 2003.

Under its rule-making authority, the SBOE may choose to only identify
certain standards as "applicable" for public schools.  In that case, the
cost to ensure compliance could be less.

It is unclear to whom the fee would be assessed under the authority
granted in subsection (i).  If it is assessed to the TEA under an
interagency agreement, the ultimate cost to the state is unchanged.
  
  
Local Government Impact
  
Under the assumption that local school districts with pre-kindergarten
programs would meet all of the licensing requirements adopted by DPRS,
campuses would likely incur expenses.  The bill gives pre-kindergarten
programs in operation before the effective date of the bill (September 1,
2001) until September 1, 2004 to come into compliance.   Child-care
licensing standards have both lower student-teacher ratios and higher
space per student requirements.  The Texas Education Agency estimates
that meeting the lower student-teacher ratios would cost local districts
$13 million by 2004.

Certain school districts may also incur costs associated with the bill's
requirement for coordination efforts with Head Start and other existing
child care programs.

To the extent that state funds are not expended to meet the compliance
requirements stated above, the cost of compliance would be borne by
local school districts for a similar local statewide cost implication.
  
  
Source Agencies:   701   Texas Education Agency
LBB Staff:         JK, CT, UP