LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION

March 18, 2019

TO:	Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM:	John McGeady, Assistant Director     Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:	SB23 by Kolkhorst (Relating to enforcement of the rights of a living child born after an abortion; creating a civil cause of action; creating a criminal offense.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Family Code as it relates to creating a civil cause of action and criminal offense related to the rights of a living child born after an abortion. Under the provisions of the bill, a physician who does not provide adequate care for the child per the conditions set forth in the bill would commit a third degree felony and be liable to the State for a civil penalty of not less than $100,000.

The Office of Court Administration, Office of the Attorney General, the Texas Medical Board, and the Texas Department of Criminal Justice indicates the modifications outlined in the bill's provisions would not result in a significant fiscal impact. The Comptroller of Public Accounts indicates the fiscal impact cannot be estimated at this time. This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 503 Texas Medical Board, 696 Department of Criminal Justice

LBB Staff:

WP, AKi, LM, SPa