LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
April 24, 2023

TO:
Honorable James B. Frank, Chair, House Committee on Human Services
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB5166 by Morales Shaw (Relating to the development of a language access plan to increase access to assistance under health and human services programs by certain individuals.), As Introduced


Estimated Two-year Net Impact to General Revenue Related Funds for HB5166, As Introduced : a negative impact of ($32,093,551) 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($22,246,686)
2025($9,846,865)
2026($9,851,616)
2027($9,856,421)
2028($9,861,281)

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($19,197,484)($3,049,202)($5,206,464)75.2
2025($7,376,841)($2,470,024)($2,477,093)75.2
2026($7,379,651)($2,471,965)($2,479,034)75.2
2027($7,382,493)($2,473,928)($2,480,997)75.2
2028($7,385,369)($2,475,912)($2,482,981)75.2


Fiscal Analysis

The bill would require the Health and Human Services Commission (HHSC) to develop a language access plan to increase non-English speakers' access to programs and assistance offered or administered by HHSC. The bill would require the plan to ensure all of HHSC's public written material, forms, applications, and other communications are translated and orally interpreted into any language spoken by certain groups of people in the state of Texas. The bill would require the plan to ensure translated materials are available on HHSC's website. The bill would require HHSC employees are trained on the plan. The bill would require HHSC employ at least one language access officer to oversee the implementation of the plan. The bill would take effect September 1, 2023.

Methodology

This analysis assumes HHSC would implement the language access plan required by the legislation. This analysis assumes HHSC would require additional staff and resources to meet the requirements of the plan, including ensuring that materials on HHSC's website and other consumer-utilized websites are translated into five different languages, including Vietnamese, Korean, Arabic, Mandarin or Cantonese, and traditional and simplified written Chinese.

Based on information provided by HHSC, this analysis assumes HHSC would need additional Directors, Managers, Information Specialists, and Web Administrators to oversee the translation services, content development, and content management required by the plan. This analysis also assumes HHSC would require additional Program Specialists for indirect agency functions. Analysis assumes a total of 75.2 full-time-equivalents (FTEs) are needed in fiscal years 2024 through 2028 to implement the provisions of the bill. Personnel related costs, including salaries, travel for certain staff, and overhead, are estimated to total $8,682,114 in All Funds in fiscal year 2024 and $8,344,697 in All Funds in fiscal year 2025.

This analysis assumes that HHSC would require an additional $6,546,160 in All Funds in fiscal year 2024 and $1,599,041 in All Funds in fiscal year 2025 to assist in ensuring materials for early childhood intervention, women's health, human trafficking, and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) assistance programs are translated appropriately. Additionally, analysis assumes the state's enrollment broker for certain assistance programs would also translate related materials into additional languages. For all programs and items listed above, the materials that would be required to be translated would include printed materials, policy and procedure manuals, vendor manuals, mailers, trainings, and other applications and forms. Analysis assumes the bulk of translation activities would occur in fiscal year 2024, with lower costs in fiscal year 2025 through fiscal year 2028 associated with ongoing monitoring of material compliance and associated updates. Actual amounts may vary if the agency overhauls a given training, manuals, or other associated materials, and translation of the new materials are required.

Assumptions on technology costs, including website changes required by the plan, are stated in the Technology section below.

This analysis does not assume additional costs associated with translation of materials in English or Spanish, and assumes any additional costs HHSC may have to translate additional materials or forms into English or Spanish could be absorbed with existing resources.

According to HHSC, there may be additional significant but undetermined costs to translate other materials. These unknown costs are not assumed in the analysis stated above. 

Technology

The total technology cost is estimated to be $12,466,547 in All Funds in fiscal year 2024 and $2,419,604 in All Funds in fiscal year 2025. Costs are primarily related to updates to websites, online classes, and other items to ensure translation services. Technology costs assume the following: updates to the Texas Medicaid and Healthcare Partnership website, updates to WIC online classes and videos, WIC translation interfaces, personnel-related costs, and other specialized functions and website modifications. Analysis assumes the bulk of translation activities would occur in fiscal year 2024, with roughly lower costs in fiscal year 2025 through fiscal year 2028 associated with ongoing maintenance and associated updates. Actual amounts may vary if the agency overhauls a given system or website, and translation of the new system or website is required.

Local Government Impact

No significant fiscal implication to units of local government is anticipated. There may be additional costs for other contractors and subcontractors to translate materials. These costs are not assumed in the table above.


Source Agencies:
529 Health and Human Services Commission
LBB Staff:
JMc, NPe, ER, SB, NV