LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION

May 2, 2023

TO:	Honorable Todd Hunter, Chair, House Committee on State Affairs
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB5000 by Kitzman (Relating to licensing and regulation of certain child-care facilities; providing penalties.), As Introduced

The fiscal implications of the bill cannot be determined due to to insufficient data to estimate the prevalence of conduct that would be subject to criminal penalties. 

The bill would establish a State jail penalty for any person who operates a child-care facility that provides 24-hour care to individuals not lawfully present in the United States who are in the custody of the federal government without a license issued by the department.

The impact on state correctional populations or on the demand for state correctional resources cannot be determined due to a lack of data to estimate the prevalence of conduct outlined in the bill's provisions that would be subject to criminal penalties. 

According to Office of Court Administration, the creation of a new offense is assumed to increase demands on criminal district courts but the fiscal impact cannot be determined due to the lack of case-level data.

No costs are assumed to the Department of Family and Protective Services. 

Local Government Impact

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant. 

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of

LBB Staff:

JMc, SMAT, ER, AN