LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 2, 2001
TO: Honorable Mike Moncrief, Chair, Senate Committee on
Health & Human Services
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1238 by Moncrief (Relating to creation of a child-care
registry for certain child-care providers.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB1238, As Introduced: positive impact of $289,704 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 Net Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $94,167 *
* 2003 195,537 *
* 2004 195,537 *
* 2005 195,537 *
* 2006 195,537 *
****************************************************
All Funds, Five-Year Impact:
***********************************************************************
*Fiscal Probable Probable Probable Probable Change in *
* Year Savings/ Revenue Revenue Savings/ Number of *
* (Cost) from Gain/(Loss) Gain/(Loss) (Cost) from State *
* General from from State GR Match Employees *
* Revenue General Highway for from FY 2001 *
* Fund Revenue Fund Medicaid *
* 0001 Fund 0006 0758 *
* 0001 *
* 2002 $(591,212) $694,616 $53,432 $(9,237) 11.0 *
* 2003 (503,709) 707,044 54,388 (7,798) 11.0 *
* 2004 (503,709) 707,044 54,388 (7,798) 11.0 *
* 2005 (503,709) 707,044 54,388 (7,798) 11.0 *
* 2006 (503,709) 707,044 54,388 (7,798) 11.0 *
***********************************************************************
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* Federal Funds - Federal *
* 0555 *
* 2002 $(36,250) *
* 2003 (30,602) *
* 2004 (30,602) *
* 2005 (30,602) *
* 2006 (30,602) *
*****************************************************
Fiscal Analysis
The bill would require the Department of Protective and Regulatory
Services (PRS) to establish and maintain a registry of child-care
providers that includes baby-sitters, nannies and au pairs who are at
least 18 years old and provide child care or supervision to a minor. It
would require PRS to complete a background and criminal history check on
each applicant using information gathered from a standard application
form, department records of reported abuse and neglect, the central
registry of reported cases of child abuse or neglect established under
Section 261.002 of the Family Code, the Department of Public Safety (DPS)
under Section 411.114 of the Government Code and the Federal Bureau of
Investigations or other criminal justice agency under Section 411.087 of
the Government Code. It would also require PRS by rule to require each
applicant to pay a fee in an amount not to exceed the administrative
costs the department incurs in conducting the background and criminal
history check. These fees would be deposited in the General Revenue
Fund.
The bill would require PRS to accept or deny the registration of a
child-care provider no later than two months after the date on which the
application was received. It would require PRS to deny an application
under certain circumstances and authorize the department to make
provisions governing the right of appeal by an applicant from the denial
of the application. It would require PRS to revoke the registration of a
child-care provider under certain circumstances and to continually
update the registry to reflect criminal convictions and substantiated
child abuse information. Each registration would remain valid until
revoked or surrendered.
The bill would require PRS to provide a toll-free telephone number for
the public to use in obtaining registry information. It would also
require PRS to develop a plan for publicizing the registry and
distributing applications and to maintain a written plan for providing
registry information to persons who do not speak English.
Methodology
PRS estimates 26,716 individuals would apply for registration in 2002 and
an average of 27,194 individuals would apply for registration each year
thereafter. Each applicant would pay a fee of $11 to cover the
administrative costs the department incurs in conducting the background
and criminal history check. The revenue generated from this fee would be
deposited into General Revenue Fund 001.
PRS estimates eight additional employees would be required to implement
the provisions of the bill including but not limited to conducting the
required background and criminal history checks, approving or denying
applications, revoking registrations, providing for the appeals process,
operating the new toll-free telephone line and continually updating
information in the registry. The method-of-finance for staff-related
costs includes General Revenue funds and federal Medicaid funds. If TANF
federal funds were available, they could be used in place of $404,500 in
General Revenue funds for FY 2002, and $341,500 in General Revenue funds
for each subsequent year.
DPS reports the total cost of running a fingerprint check would be $39
which includes $22 for the FBI check, $15 for the state check and a $2
handling charge for the fingerprint card. It is assumed the $22 for the
FBI check would be forwarded to the federal government, the $15 for the
state check would be deposited in General Revenue Fund 001 and the $2
handling charge would be deposited in State Highway Fund 006. DPS
estimates three additional employees would be required to handle the
increased volume of fingerprint cards. The method-of-finance for
staff-related costs is General Revenue Fund 001.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 405 Texas Department of Public Safety, 530
Department of Protective and Regulatory Services
LBB Staff: JK, HD, NM