LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 2, 2001
  
  
          TO:  Honorable Frank Madla, Chair, Senate Committee on
               Intergovernmental Relations
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB581  by Duncan (Relating to document preparation costs
               in connection with mental health proceedings.), As
               Introduced
  
**************************************************************************
*  No fiscal implication to the State is anticipated.                    *
**************************************************************************
  
Local Government Impact
  
This bill would authorize a county that has a mental hospital to charge
document preparation costs incurred in connection with a mental health
proceeding to the county of residence of the patient. The bill would take
effect September 1, 2001. 

Currently, Section 571.018 of the Health and Safety Code states the costs
that can be billed by a county clerk's office are for attorney fees,
physician fees, court appointed personnel, transportation expenses, costs
and salary supplements, and prosecutor fees.

An analysis by the Comptroller of Public Accounts found that several
counties already charge document preparation costs to the county of the
patient's residence and would, therefore, not experience any fiscal
impact. Wilbarger County charges $475 per case, which includes document
preparation charges.  Howard County charges between $75 and $225 for
document preparation.

A representative of Travis County Probate indicated they currently charge
the judicial fee and prosecutor fee.   The Travis County representative
said they handle approximately 1,200 cases per year, half of which are
patients from another county. Travis County estimates they would have a
positive impact of about $90,000 per year if they were to charge an
additional $150 per case for document preparation.

A representative of Cherokee County said their state hospital prepares
all the documents for the county.  There would be no fiscal impact to
their county unless they have to prepare the documents themselves, in
which case they project they would need to create and fill another full
time position.

Counties that would choose to charge a document preparation fee would
experience a revenue gain to offset their expenses.  The amount would
vary dependent upon the amount of the fee and the number of patients
received from other counties.
  
  
Source Agencies:   304   Comptroller of Public Accounts
LBB Staff:         JK, DB