| TO: | Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1521 by Shapleigh (Relating to the regulation of certain boarding houses and assisted living facilities; providing penalties.), Committee Report 1st House, Substituted |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2010 | ($471,792) |
| 2011 | ($1,428,677) |
| 2012 | ($3,797) |
| 2013 | $23,609 |
| 2014 | $26,909 |
| Fiscal Year | Probable Revenue Gain from General Revenue Fund 1 |
Probable (Cost) from General Revenue Fund 1 |
Change in Number of State Employees from FY 2009 |
|---|---|---|---|
| 2010 | $0 | ($471,792) | 5.0 |
| 2011 | $1,976,250 | ($3,404,927) | 59.0 |
| 2012 | $1,414,995 | ($1,418,792) | 23.0 |
| 2013 | $1,418,602 | ($1,394,993) | 23.0 |
| 2014 | $1,422,343 | ($1,395,434) | 23.0 |
Section 1 of the bill would add a new chapter to the Health and Safety Code requiring that certain boarding houses hold certificates of registration to be developed and issued by the Department of Aging and Disability Services (DADS). DADS would be required to inspect and investigate each boarding house before issuing a certificate of registration or renewal. DADS would be required to maintain a registry of the boarding houses. The bill would require DADS to inspect a registered boarding house at least once during each registration period. The bill would authorize a reasonable fee for a certificate of registration that would cover the costs of administering the chapter. DADS and the Health and Human Services Commission (HHSC) would be required to provide education and outreach to owners and operators of boarding houses.
A person who violated the chapter or a rule adopted under the chapter would be subject to a civil penalty of not less than $200 for each violation. Section 1 authorizes the Office of the Attorney General to institute an action in a district court to collect a civil penalty. Section 1 would also provide for an administrative penalty against a boarding house of not less than $200 for each violation of the chapter or a rule adopted under the chapter.
Section 4 of the bill would amend Chapter 247, Health and Safety Code, to require that DADS develop a communications plan for municipalities relating to assisted living facilities, which would include the creation of outreach and training materials.
Adoption of rules to implement the provisions of Section 1 of the bill would be required no later than January 1, 2011. DADS would be required to develop the registry of boarding houses and education and outreach as required by Section 1 no later than June 1, 2011. Owners and operators of boarding houses would be required to hold a certificate of registration by September 1, 2011. Otherwise, the bill would take effect September 1, 2009.
Based on a report to the Legislature required by HB 1168, Eightieth Legislature, DADS estimates that 850 boarding houses would need to be issued a certificate of registration in fiscal year 2011 and that the number of registrations would increase by 3.7% per year. Calculations assume the issuance of one-year and two-year certificates in the first year to allow for staggered renewals in the following years. Fees would be $1,550 and $3,100, respectively.
The Health and Human Services Commission indicates that implementing the provisions of the bill could be absorbed within existing resources.
Additional funding and FTEs would need to be appropriated to DADS and the Office of the Attorney General (OAG) to implement the provisions of the bill. Costs listed below for both agencies in fiscal years 2012-2014 are assumed to be offset by fees (deposited to the General Revenue Fund) authorized by the new chapter to cover administration and enforcement of the chapter. However, due to the initial licensing of all 850 facilities in fiscal year 2011, operating costs are estimated to exceed fee revenue in that year by $1.4 million.
OAG indicates a need for three additional FTEs starting in fiscal year 2012 due to the increased number of referrals for enforcement action related to boarding houses. Total cost would be $267,346 in All Funds for fiscal year 2012 and $245,753 in fiscal years 2013 and 2014.
Costs for DADS are based on reported 2009 costs for similar operations related to assisted living facilities. Costs are estimated to be $471,792 in All Funds for fiscal year 2010, $3,404,927 for fiscal year 2011, $1,151,446 for fiscal year 2012, $1,149,240 for fiscal year 2013, and $1,149,681 for fiscal year 2014. Full-time-equivalent (FTE) needs are estimated at 5.0 in fiscal year 2010, 59.0 in fiscal year 2011, and 20.0 in each fiscal year thereafter.
Technology costs at DADS total $182,808 in fiscal year 2010 for for updates to the CARES application and other regulatory databases. These amounts are included in the total costs for DADS shown above. OAG indicates there would be a technology impact of $7,311 in fiscal year 2012 for equipment.
If the Department of Aging and Disability Services delegates to local government officials power to make inspections or to make additional rules related to boarding houses, those entities would incur associated costs. Costs to local governments would depend on the number of boarding houses in the local government's jurisdiction and the number and frequency of inspections performed.
Local mental health authorities may incur costs related to implementing rules imposed by the Health and Human Services Commission, depending on what those rules may be; however, it is anticipated that those costs could be absorbed within existing resources.
Local governments would experience a revenue gain if violations under the provisions of the bill were to occur. The revenue would depend on the number of offenses and the amount of the fine imposed; however, the fiscal impact is not expected to be significant. Conversely, counties would incur costs associated with a jail sentence imposed as part of the punishment for the Class B misdemeanor offenses under the provisions of the bill; however, those costs are not expected to be significant unless there are an unusually high number of offenses.
| Source Agencies: | 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission, 537 State Health Services, Department of, 539 Aging and Disability Services, Department of
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| LBB Staff: | JOB, CL, VJC, MB, DB
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