LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
May 3, 2023

TO:
Honorable Ryan Guillen, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB3858 by Frazier (relating to peace officer wellness programs within certain law enforcement agencies.), Committee Report 1st House, Substituted


Estimated Two-year Net Impact to General Revenue Related Funds for HB3858, Committee Report 1st House, Substituted : a negative impact of ($1,339,740) 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($681,418)
2025($658,322)
2026($658,817)
2027($659,317)
2028($659,822)

All Funds, Five-Year Impact:

Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Probable Savings/(Cost) from
GR Match For Medicaid
758
Probable Savings/(Cost) from
Federal Funds
555

Change in Number of State Employees from FY 2023
2024($626,963)($54,455)($54,455)6.0
2025($605,713)($52,609)($52,609)6.0
2026($606,169)($52,648)($52,648)6.0
2027($606,629)($52,688)($52,688)6.0
2028($607,093)($52,729)($52,729)6.0


Fiscal Analysis

The bill would authorize a law enforcement agency to establish and maintain a wellness program for the agency's peace officers. The bill would establish a peace officer wellness fund as an account in the General Revenue Fund comprised of money appropriated by the legislature, gifts and grants, and the earnings of the fund. The bill would establish a peace officer wellness grant program to be administered by the Health and Human Services Commission (HHSC) to assist local law enforcement agencies in establishing and maintaining wellness programs.

Methodology

The analysis assumes HHSC would require 6.0 additional full-time equivalents (FTEs) to implement the peace officer wellness grant program as described in the bill. This would include 2.0 Program Specialist VIs to provide technical assistance, monitor grantee progress, track and collect expenditure and performance data, and coordinate with stakeholders; 1.0 Program Specialist VII to provide senior-level consultative services, evaluation, and technical assistance work; 2.0 Contract Specialist Vs to manage contracts, monitor performance, provide assistance to contractors, and conduct financial reviews; and 1.0 Program Specialist V to perform onsite and desk reviews, assess monitoring needs, and produce findings and reports. Costs for FTEs, including salary, benefits, technology, furniture, and supplies would total $0.7 million per fiscal year.

The cost estimate includes only the cost to administer the program and does not include funding required to provide grants to local law enforcement agencies. The fund would require appropriations beyond the administrative costs for HHSC to actually implement the grant program, but the cost for grants would depend on the preferred scale of the program. According to HHSC, there are over 2,700 law enforcement agencies in Texas, so the costs to implement wellness programs for each agency would be substantial, but an estimate cannot be provided due to the unknown costs for each individual agency and the preferred scale of the grant program.

It is assumed that other state agencies could absorb costs relating to the implementation of the bill within current resources.

This legislation would do one or more of the following: create or recreate a dedicated account in the General Revenue Fund, create or recreate a special or trust fund either in, with, or outside the Treasury, or create a dedicated revenue source. The fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.

Technology

FTE-related technology costs would be less than $0.1 million each fiscal year.

Local Government Impact

Local law enforcement agencies could experience a significant fiscal impact to implement wellness programs. If it is assumed that HHSC would provide grants to cover the entire cost of mental health wellness programs for each agency, the local costs of implementing the bill would be fully offset by state grant funding. If it is assumed that the grant program would only cover a portion of costs for each agency or a portion of agencies, local law enforcement agencies could experience a negative fiscal impact to implement wellness programs as authorized by the bill but an exact estimate cannot be determined.


Source Agencies:
302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 407 Commission on Law Enforcement, 458 Alcoholic Beverage Commission, 529 Health and Human Services Commission, 696 Department of Criminal Justice, 802 Parks and Wildlife Department
LBB Staff:
JMc, DDel, ER, NDA, NV