LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

April 27, 2005

TO:	Honorable David Swinford, Chair, House Committee on State Affairs
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB1212 by King, Phil (Relating to abortion and parental consent to an abortion; providing penalties.), Committee Report 1st House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would relate to parental consent for the performance of an abortion and provides penalties. The bill would amend the Family Code by adding Chapter 34. Section 34.051 would require the Department of State Health Services (DSHS) to prepare an emergency induced abortion certification form. Section 34.206 would require the DSHS to produce and distribute informational materials that explain the rights of a minor, as prescribed in the bill.

DSHS indicates that implementing the bill's provisions would necessitate modifications to the Vital Statistics abortion reporting system, data entry of additional records, and production and distribution of revised informational materials. It is assumed that any costs DSHS would incur in implementing the provisions of the bill would be absorbed within the agency's existing resources. 

Section 34.055 would allow a defendant a hearing before the Texas State Board of Medical Examiners, as prescribed in the bill. The Texas State Board of Medical Examiners estimates the agency would conduct 5 additional hearings per year due to the bill's provisions. It is assumed that any costs the Texas State Board of Examiners would incur in implementing the provisions of the bill would be absorbed within the agency's existing resources. 

Local Government Impact

Local courts could see some increased costs due to appointments of attorneys or guardians ad litem for a minor. There could also be costs associated with certification requirements and anticipated modifications to case management and reporting systems in clerks' offices. However, the fiscal implications are not expected to be significant.

Source Agencies:

201 Supreme Court of Texas, 212 Office of Court Administration, Texas Judicial Council, 503 Board of Medical Examiners, 530 Department of Family and Protective Services, 537 Department of State Health Services

LBB Staff:

JOB, SR, KF, RM, KJG