LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
April 19, 2023

TO:
Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB4715 by Vasut (Relating to the establishment of paternity and the duty to pay child support and to victim restitution or compensation for certain sexual offenses resulting in pregnancy.), As Introduced


Estimated Two-year Net Impact to General Revenue Related Funds for HB4715, As Introduced : a negative impact of ($1,305,090) 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($1,305,090)
2025$0
2026$0
2027$0
2028$0

All Funds, Five-Year Impact:

Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Probable Savings/(Cost) from
Federal Funds
555
2024($1,305,090)($2,533,410)
2025$0$0
2026$0$0
2027$0$0
2028$0$0


Fiscal Analysis

The bill would amend the Code of Criminal Procedure to require that a judge make an affirmative finding of fact and enter it in a judgment in the case where a sexual offense resulted in the victim becoming pregnant. The bill would require the defendant to pay child support equal to 200 percent of child support outlined by the Family Code, or 350 percent if the defendant contests parentage and is later identified as the parent. The bill would also provide that a victim of a sexual offense which results in pregnancy is eligible for additional compensation by the defendant, including pre/post natal medical costs. The bill would provide that a court may order equitable retroactive child support for children born out of wedlock. The bill would amend the Education Code to require certain materials be provided to pregnant women in educational and clinical settings. 

Methodology

The table above reflects a one-time programming cost of $3,838,500 in fiscal year 2024 for the Office of the Attorney General's (OAG) TXCSES system. This would include General Revenue totaling $1,305,090 and Federal Funds totaling $2,533,410. 

According to information provided by the OAG, programming costs would be necessary to provide: (1) New Obligation Type and Associated Order Entry/Financial Functionality for Mandatory Conception Retro; (2) New Retro obligation must accrue 0% interest until 1 year anniversary of order being rendered and; (3) New data field for the date that will trigger the 1-year anniversary and new interest calculation functionality. The OAG anticipates a minimum of nine months to one year to implement all changes from the bill into the current mainframe system, TXCSES.

Based on information provided by the Office of Court Administration and the Texas Education Agency, costs associated with implementing the provisions of the bill for the state and the state court system could be absorbed using existing resources.

Technology

One-time programming costs totaling $1,305,090 in General Revenue and $2,533,410 in Federal Funds for the TXCSES would be necessary to implement the provisions of the bill.

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, 701 Texas Education Agency
LBB Staff:
JMc, DDel, MW, JPa, NV