LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
 
April 27, 2009

TO:
Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2616 by Heflin (Relating to attorney fees in parent-child proceedings.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB2616, As Introduced: a negative impact of ($56,421,078) through the biennium ending August 31, 2011.

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
2010 ($28,210,539)
2011 ($28,210,539)
2012 ($28,210,539)
2013 ($28,210,539)
2014 ($28,210,539)




Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
2010 ($28,210,539)
2011 ($28,210,539)
2012 ($28,210,539)
2013 ($28,210,539)
2014 ($28,210,539)

Fiscal Analysis

The bill would amend the Family Code and provide that counties be reimbursed by the State for fees paid to attorneys ad litem appointed in parental rights termination cases in which the parents are found to be indigent.

Methodology

The Office of Court Administration determined that for fiscal year 2008 court administrators and county auditors from 15 counties representing approximately 62 percent of the population of Texas paid approximately $17,413,913 to attorneys ad litem appointed in parental rights termination cases in which the parents are found to be indigent. This analysis assumes that an additional $10,796,626 would be paid to counties representing the remaining 38 percent of the indigent population in which attorneys ad litem were appointed in parental rights termination cases, providing a total of approximately $28,210,539 per fiscal year. This impact could vary depending on the actual amount of fees paid by counties for these cases.

Local Government Impact

The bill would have a positive fiscal impact on counties of approximately $28,210,539 because the State would reimburse counties for fees paid to attorneys ad litem appointed in parental rights termination cases in which the parents are found to be indigent.


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JOB, MN, MS, JM