82(R) SB 662 - Senate Committee Report version

TO:	Honorable Rodney Ellis, Chair, Senate Committee on Government Organization

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

IN RE:	SB662 by Nichols ( Relating to the continuation and functions of the State Board of Examiners for Speech-Language Pathology and Audiology; providing an administrative penalty.), Committee Report 1st House, Substituted

Estimated Two-year Net Impact to General Revenue Related Funds for SB662, Committee Report 1st House, Substituted: a positive impact of $295,120 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	$147,560
2013	$147,560
2014	$33,303
2015	$33,303
2016	$33,303

All Funds, Five-Year Impact:

Fiscal Year	Probable Revenue Gain from General Revenue Fund 1	Probable (Cost) from General Revenue Fund 1	Probable (Cost) from State Highway Fund 6	Change in Number of State Employees from FY 2011
2012	$297,290	($149,730)	($154,054)	1.8
2013	$297,290	($149,730)	($131,797)	1.8
2014	$67,096	($33,793)	($131,797)	1.8
2015	$67,096	($33,793)	($136,157)	1.8
2016	$67,096	($33,793)	($149,292)	1.8

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 applicants and license holders.

The bill would take effect September 1, 2011.

It is assumed that implementation of the bill would require that 8,680 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 both fiscal years 2012 and 2013. After this time background checks would only be required for new applicants, which DSHS estimates to be approximately 1,959 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 $297,290 in both fiscal year 2012 and 2013 and $67,096 in subsequent fiscal years 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 $149,730 in both fiscal years 2012 and 2013 and $33,793 in subsequent fiscal years.

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. All of these operational costs are assumed to be paid out of the State Highway Fund 6.

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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION


April 6, 2011