LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 3, 2001 TO: Honorable Mike Moncrief, Chair, Senate Committee on Health & 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.), Committee Report 1st House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB1475, Committee Report 1st House, Substituted: 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