LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

April 23, 2003

TO:	Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	HB79 by Wise (Relating to possession of or access to a child.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for HB79, As Introduced: an impact of $0 through the biennium ending August 31, 2005.

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
2004	$0
2005	$0
2006	$0
2007	$0
2008	$0

All Funds, Five-Year Impact:

Fiscal Year	Probable (Cost) from CRIME VICTIMS COMP ACCT 469
2004	($136,026)
2005	($138,774)
2006	($141,522)
2007	($145,644)
2008	($148,392)

Fiscal Analysis

The bill would require the appointment of a guardian ad litem in all cases affecting the parent-child relationship in which an attorney ad litem is not appointed.  The Office of the Attorney General (OAG) indicates that this provision would have an operational impact on its child support program but not a significant fiscal impact. 

The bill would also add a presumption that the mother of a child is entitled to exclusive possession of a child who is born out of wedlock under certain circumstances.

The bill would further authorize a court to order the reimbursement of costs associated with the location and recovery of a child who was wrongfully taken or retained by his or her parent. The bill provides that this reimbursement may be made from the Crime Victims' Compensation Fund.

Methodology

Based upon historical data from arrest records, the OAG assumes that 99 arrests will be made for the crime of interference with child custody in FY 2004. The OAG assumes that this will increase by 2.3% per year. The OAG assumes that each case will result in a claim for compensation from the Crime Victims' Compensation Fund, and payments will average $1,374 per case.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:	212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 530 Department of Protective and Regulatory Services
LBB Staff:	JK, GO, VDS, AJ