LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION
 
April 6, 2005

TO:
Honorable Suzanna Gratia Hupp, Chair, House Committee on Human Services
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB920 by Uresti (Relating to protective and guardianship services for elderly and disabled persons.), Committee Report 1st House, Substituted



Estimated Two-year Net Impact to General Revenue Related Funds for HB920, Committee Report 1st House, Substituted: a negative impact of ($1,011,029) through the biennium ending August 31, 2007.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2006 ($415,340)
2007 ($595,689)
2008 ($607,806)
2009 ($619,924)
2010 ($632,042)




Fiscal Year Probable (Cost) from
GENERAL REVENUE FUND
1
Probable (Cost) from
FEDERAL FUNDS
555
Change in Number of State Employees from FY 2005
2006 ($415,340) ($131,045) 9.0
2007 ($595,689) ($188,422) 14.0
2008 ($607,806) ($192,305) 14.0
2009 ($619,924) ($196,187) 14.0
2010 ($632,042) ($200,069) 14.0

Fiscal Analysis

The bill would reform protective and guardianship services for elderly and disabled persons.  These services are currently provided by the Department of Family and Protective Services (DFPS) and the Department of Aging and Disability Services (DADS).

Section 1.02 would establish an incentive program to encourage certain department employees to obtain professional credentials in social work or psychology.

Section 1.03 would require DFPS to establish a training program that adult protective employees must complete before initiating an investigation or providing services.

Article 2 of the bill would make changes to the Human Resources Code and the Probate Code related to the provision of guardianship services in Texas.  The bill would transfer responsibility for guardianship services from DFPS to DADS, consistent with current practice (DADS currently operates the guardianship program via interagency contract with DFPS).


Methodology

Section 1.02 is estimated to cost $80,000 in 2006 rising by approximately $16,000 each following year.  This assumes 50 workers participating initially, with 10 additional participating each following year.  The estimated cost per participant is $1,600 per year--approximately 50 percent of costs for part-time (6 hour) enrollment per semester.

Section 1.03 DFPS indicates that additional FTEs would be needed to implement a comprehensive training program for adult protective services employees.  The estimate includes nine FTEs in 2006 and 14 FTEs each following year.  The total cost would be $0.5 million in 2006 and $0.7 million each following year. 

The Department of Aging and Disability Services (DADS) indicates that Article 2 would have no significant fiscal impact.


Local Government Impact

Costs to local courts to implement the provisions of the bill would depend upon the cases referred to the court by the department.

It is assumed that a political subdivision would accept a subcontract from the department for guardianship services only if the funds or resources were available.

It is assumed that local prosecuting attorneys would defend the department in proceedings that arise from the provisions of the bill only if the funds and/or resources were available. If they are not available, the department could request the services of the Office of the Attorney General.



Source Agencies:
302 Office of the Attorney General, 529 Health and Human Services Commission, 530 Department of Family and Protective Services, 539 Department of Aging and Disability Services, 781 Higher Education Coordinating Board
LBB Staff:
JOB, KF, BW, KJG, CL, PP, RC