LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
 
April 4, 2011

TO:
Honorable Lois W. Kolkhorst, Chair, House Committee on Public Health
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2272 by Anchia (Relating to the continuation and functions of the State Board of Examiners for Speech-Language Pathology and Audiology; providing an administrative penalty.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB2272, As Introduced: a negative impact of ($103,033) through the biennium ending August 31, 2013.

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
2012 ($62,645)
2013 ($40,388)
2014 ($40,388)
2015 ($44,748)
2016 ($57,883)




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 2011
2012 $184,162 ($246,807) 1.8
2013 $184,162 ($224,550) 1.8
2014 $184,162 ($224,550) 1.8
2015 $184,162 ($228,910) 1.8
2016 $184,162 ($242,045) 1.8

Fiscal Analysis

The bill is the Sunset bill for the State Board of Examiners for Speech-Language Pathology and Audiology (Board), a governor-appointed independent licensing board that is administratively attached to the Department of State Health Services (DSHS) Professional Licensing and Certification Unit.  The bill contains a number of Sunset Advisory Commission recommendations on the Board including updates relating to the Board’s membership and operational structure to meet Sunset model licensing standards regarding eligibility of public members, prohibitions on board members; governor designation of the presiding officer; grounds for removal; and a training program for board members. The bill also provides a new Sunset date of 2017 for the Board’s next review. 
 
Additionally the bill requires the Board to obtain fingerprint-based criminal history checks on all applicants and license holders, except certain license holders who are employed by school districts and for whom a criminal history check has already been performed.  

The bill would take effect September 1, 2011. 


Methodology

It is assumed that implementation of the bill would require that 5,377 additional background and criminal history checks (based on fiscal year 2010 estimates from DSHS) , including Federal Bureau of Investigation (FBI) fingerprint-based checks, be performed in each fiscal year. The Department of Public Safety (DPS) would facilitate these checks.
 
The bill would result in a total increase in revenue of $184,162 in each fiscal year of the biennium from the $34.25 fee collected for the checks paid directly to DPS by the applicants. However, a portion of this fee revenue, $17.25 per check, is returned to the FBI for professional services as required by federal statute; which would result in a cost of $92,753 in each fiscal year.
 
DPS estimates that they will need one Fingerprint Technician III at a salary of $43,602 and 0.5 Training Specialist III at a salary of $23,087 each year to implement these fingerprint based criminal history background checks and to audit and train users.  DPS also assumes some additional associated personnel and operating costs. 
 
DSHS assumes that they would be able to absorb any costs associated with the fingerprint-based checks as well as any other provisions in the bill within existing resources. 

Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
116 Sunset Advisory Commission, 537 State Health Services, Department of, 304 Comptroller of Public Accounts, 405 Department of Public Safety
LBB Staff:
JOB, CL, JF, KM, MB, NB