LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 18, 2001
  
  
          TO:  Honorable Elliott Naishtat, Chair, House Committee on
               Human Services
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB1475  by Duncan (Relating to the abolition of the
               Children's Trust Fund of Texas Council and to the
               transfer of its powers and duties to the Department of
               Protective and Regulatory Services.), As Engrossed
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB1475, As Engrossed:  an impact of $0 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                                   $0  *
          *       2003                                    0  *
          *       2004                                    0  *
          *       2005                                    0  *
          *       2006                                    0  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal      Probable        Probable        Probable        Probable     *
* Year       Revenue         Revenue         Revenue         Revenue      *
*          Gain/(Loss)     Gain/(Loss)     Gain/(Loss)     Gain/(Loss)    *
*        from Children's    from Child   from Children's    from Child    *
*         Trust Fund of     Abuse and    Trust Fund 0987    Abuse and     *
*         Texas Council      Neglect                         Neglect      *
*           Operating       Prevention                      Prevention    *
*            Account/     Operating Fund                    Trust Fund    *
*          GR-Dedicated                                                   *
*              0541                                                       *
*  2002        $(405,000)        $405,000   $(29,000,000)     $29,000,000 *
*  2003                 0               0               0               0 *
*  2004                 0               0               0               0 *
*  2005                 0               0               0               0 *
*  2006                 0               0               0               0 *
***************************************************************************
  
Fiscal Analysis
  
The bill would repeal Chapter 74 of the Human Resources Code and abolish
the Children's Trust Fund of Texas Council (CTFC) on September 1, 2001.
It would also amend Chapter 40 of the Human Resources Code and transfer
CTFC's powers, duties, functions, programs, activities, obligations,
rights, contracts, records, employees, property, funds and appropriations
to the Department of Protective and Regulatory Services (PRS) on the
same date.

The bill would abolish Children's Trust Fund 0987 and establish the Child
Abuse and Neglect Prevention Trust Fund in its place.  The bill would
also abolish GR Account 0541-Children's Trust Fund of Texas Council
Operating and establish the Child Abuse and Neglect Prevention Operating
Fund in its place.  The Legislature could not appropriate money in the
Trust Fund.  PRS could transfer money between the Trust Fund and the
Operating Fund at any time.

The bill would create a new unnamed fund to receive contributions for
specific child abuse and neglect prevention or other prevention or early
intervention purposes.

The bill would repeal the Early Parenting Skills Program and replace
CTFC's grant application and award processes with PRS processes.

The bill would allow PRS to renew funding during the biennium ending
August 31, 2003, to entities receiving funding in 2001 from CTFC without
the need for competitive procurement.
  
  
Methodology
  
The Comptroller of Public Accounts estimates that the beginning balance
of GR Account 0541 in FY 2002 would be $405,000, and the balance for
Trust Fund 0987 would be $29 million based on the current balance
projected forward based on historical trends.  The Comptroller assumes
that unexpended and unobligated balances would be transferred from GR
Account 0541 to the Operating Fund and from Fund 0987 to the Trust Fund.
The Comptroller also assumes that funds would be held in the State
Treasury outside General Revenue Fund 001.

According to the Comptroller, the bill would create an unnamed new
account to receive contributions for specific program purposes.  The
Comptroller assumes that this would be a dedicated account in General
Revenue Fund 001 and no balance would transfer since this would be a new
account.  According to the Comptroller, the amount of contributions
cannot be estimated since this would be a new account.

The Comptroller notes that the bill would do one or more of the
following: create or recreate a dedicated account in the General Revenue
Fund, create or recreate a special or trust fund either within or outside
of the Treasury, and create a dedicated revenue source.  Government Code
403.094 consolidated special funds (except those affected by
constitutional, federal, or other restrictions) into the General Revenue
Fund as of August 31, 1993, and eliminated all applicable statutory
revenue dedications as of August 31, 1995.  Each subsequent Legislature
has reviewed bills that affect funds consolidation.  The fund, account,
or revenue dedication included in this bill would be subject to funds
consolidation review by the current Legislature.

According to PRS, any additional reporting and budget tracking
responsibilities created by the bill would be absorbed using existing
staff.
  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   355   Children's Trust Fund of Texas Council, 530
                   Department of Protective and Regulatory Services, 304
                   Comptroller of Public Accounts
LBB Staff:         JK, HD, NM