79(R) HB 2711 Introduced version

The bill would make numerous statutory revisions relating to the provision of intervention or counseling services to persons who have committed family violence and to a process for accrediting those services. The Community Justice Assistance Division (CJAD) of the Texas Department of Criminal Justice would be responsible for collecting a one-time application fee of $500 from each program and provider providing battering intervention and prevention services. CJAD estimates a one-time revenue collection of $13,500 (27 current providers X $500 fee) for the accreditation, which is not considered to be significant for purposes of this analysis. Beginning on September 1, 2007, all referrals from the courts for intervention or counseling services involving family violence must be to an accredited program or provider.

The bill also allows a county commissioners court to adopt a family violence intervention and prevention fee charged at the time that a suit for dissolution of marriage is filed. The fee could range from $3 to $15, with $3 of each fee sent to the Comptroller of Public Accounts (CPA) for deposit in the battering intervention prevention account in the general revenue fund. The funds in this account may only be used for the accreditation of programs and providers of battering intervention and prevention programs. According to the Office of Court Administration (OCA), there were 111,648 suits for dissolution of marriage filed in fiscal year 2004. If the same number of applicable cases were to be filed in coming years, if all counties adopted the fee, and if the minimum fee of $3 were collected in all 111,648 cases, counties would remit $334,744 to the CPA. However, it cannot be determined how many counties will choose to impose the new fee, and the potential revenue is not included in this analysis.

The bill would take effect September 1, 2005.

The bill would 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, or create a dedicated revenue source. Therefore, the fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.

A commissioner’s court would be able to adopt a family violence intervention and prevention fee collected by the district clerk at the time that a suit for dissolution of marriage is filed. The fee could range from $3 to $15, with $3 of each fee going to the CPA for deposit in the battering intervention prevention account.

According to the Office of Court Administration (OCA), there were 111,648 suits for dissolution of marriage filed in fiscal year 2004. If the same number of applicable cases were to be filed in coming years, if all counties adopted the fee, and if the minimum fee of $3 were collected in all 111,648 cases, counties would remit $334,744 to the CPA. If all counties were to impose the maximum fee of $15, the counties would experience a cumulative statewide revenue gain of more than $1.3 million. These funds would be deposited in the county treasury to the credit of the family violence prevention account and may only be used to fund public or private nonprofit organizations to provide shelter or services to victims of family violence. The revenue gain would vary by county and depend on the number of applicable cases and the amount imposed and collected by the county.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION


April 27, 2005

TO:	Honorable Jerry Madden, Chair, House Committee on Corrections

FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board

IN RE:	HB2711 by Gonzalez Toureilles (Relating to the provision of intervention or counseling services to certain persons who have committed family violence and to a process for accrediting those services.), As Introduced