LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
May 18, 2023

TO:
Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB173 by Klick (Relating to the licensing and regulation of genetic counselors; requiring an occupational license; authorizing a fee.), As Engrossed


Estimated Two-year Net Impact to General Revenue Related Funds for HB173, As Engrossed : a positive impact of $4,376 through the biennium ending August 31, 2025.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year Probable Net Positive/(Negative) Impact to
General Revenue Related Funds
2024$4,251
2025$125
2026$125
2027$125
2028$125

All Funds, Five-Year Impact:

Fiscal Year Probable (Cost) from
General Revenue Fund
1
Probable Revenue Gain from
General Revenue Fund
1

Change in Number of State Employees from FY 2019
2024($27,249)$31,5000.5
2025($31,375)$31,5000.5
2026($31,375)$31,5000.5
2027($31,375)$31,5000.5
2028($31,375)$31,5000.5


Fiscal Analysis

The bill would amend the Occupations Code relating to the licensing and regulation of genetic counselors requiring an occupational license; authorizing a fee. The bill would authorize the Commission of Licensing and Regulation (Commission) and the Texas Department of Licensing and Regulation (TDLR) to regulate the occupational license for genetic counselors and enforce the Licensed Genetic Counselor Act.

Methodology

Based on the analysis of the TDLR, the agency would need a Program Specialist I as a 0.5 full-time equivalent (FTE) position to perform the tasks required by the new chapter, including rule-making, development and administration of the examination and continuing education requirements, and to be the agency's expert on the genetic counseling program.

Genetic counselors would not be required to hold a license until September 1, 2024, or the first day of fiscal year 2025; however, the agency anticipates and this estimate assumes that TDLR would require the Program Specialist I during fiscal year 2024 to begin implementing the program, to commence outreach with the industry, and to begin accepting applications and issuing licenses from June through August of fiscal year 2024. The part-time program specialist would cost $27,249 in fiscal year 2024 from the General Revenue Fund for salary, benefits, and travel, plus one-time expenses for a computer and related equipment. The cost would then be $31,375 in General Revenue in each subsequent year.

TDLR reports that all other duties required for the licensing and regulation of the profession can be accomplished within existing resources.

TDLR reports that according to the U.S. Bureau of Labor Statistics, there were 150 genetic counselors in Texas in 2021. TDLR assumes there are approximately 180 genetic counselors currently in Texas with an estimated addition of approximately three new counselors per year. To cover the cost of the part-time program specialist, TDLR assumes the fee for a genetic counselor license would be $350 for a two-year license. Since the licenses in this program have a two-year license term, in order to get half of the license population renewing in alternate years, half the license population would need to pay a fee for a two-year license in the first year and half would need to pay a fee for a one-year license.  The revenue for the program is expected to be $31,500 each fiscal year deposited to the credit of the General Revenue Fund.

This analysis assumes that any increased cost to TDLR, which is statutorily required to generate sufficient revenue to cover its costs of operation, would be offset by an increase in fee-generated revenue.

Technology

This analysis estimates a total one-time technology cost of $3,263 in fiscal year 2024 for equipment required to implement the provisions of the bill.

Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts, 452 Department of Licensing and Regulation
LBB Staff:
JMc, SZ, GDZ, BFa, SD, CMA