LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 11, 2009 TO: Honorable Patrick M. Rose, Chair, House Committee on Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB81 by Nelson (Relating to certain providers of subsidized child care.), Committee Report 2nd House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB81, Committee Report 2nd House, Substituted: a positive impact of $138,600 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 11, 2009
TO: Honorable Patrick M. Rose, Chair, House Committee on Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB81 by Nelson (Relating to certain providers of subsidized child care.), Committee Report 2nd House, Substituted
TO: Honorable Patrick M. Rose, Chair, House Committee on Human Services
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB81 by Nelson (Relating to certain providers of subsidized child care.), Committee Report 2nd House, Substituted
Honorable Patrick M. Rose, Chair, House Committee on Human Services
Honorable Patrick M. Rose, Chair, House Committee on Human Services
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
SB81 by Nelson (Relating to certain providers of subsidized child care.), Committee Report 2nd House, Substituted
SB81 by Nelson (Relating to certain providers of subsidized child care.), Committee Report 2nd House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for SB81, Committee Report 2nd House, Substituted: a positive impact of $138,600 through the biennium ending August 31, 2011. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for SB81, Committee Report 2nd House, Substituted: a positive impact of $138,600 through the biennium ending August 31, 2011.
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 2010 $73,800 2011 $64,800 2012 $64,800 2013 $64,800 2014 $64,800
2010 $73,800
2011 $64,800
2012 $64,800
2013 $64,800
2014 $64,800
All Funds, Five-Year Impact: Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1 Probable (Cost) fromGeneral Revenue Fund1 Probable (Cost) fromWrkforce Commission Fed5026 2010 $144,525 ($70,725) ($299,300) 2011 $126,900 ($62,100) ($298,800) 2012 $126,900 ($62,100) ($298,800) 2013 $126,900 ($62,100) ($298,800) 2014 $126,900 ($62,100) ($298,800)
Fiscal Year Probable Revenue Gain fromGeneral Revenue Fund1 Probable (Cost) fromGeneral Revenue Fund1 Probable (Cost) fromWrkforce Commission Fed5026 2010 $144,525 ($70,725) ($299,300) 2011 $126,900 ($62,100) ($298,800) 2012 $126,900 ($62,100) ($298,800) 2013 $126,900 ($62,100) ($298,800) 2014 $126,900 ($62,100) ($298,800)
2010 $144,525 ($70,725) ($299,300)
2011 $126,900 ($62,100) ($298,800)
2012 $126,900 ($62,100) ($298,800)
2013 $126,900 ($62,100) ($298,800)
2014 $126,900 ($62,100) ($298,800)
Fiscal Analysis
Section 1 of the bill would amend Subtitle B, Title 4, Labor Code by adding Chapter 312, which would require that the Texas Workforce Commission (TWC) ensures that payments made to a provider of unregulated self-arranged child care be made only to a provider on whom a background and criminal history check has been conducted and whose results of the check do not preclude the individual from providing care. The bill would require the Department of Family and Protective Services (DFPS) to conduct both background and criminal history checks and checks of their Central Registry of Abuse and Neglect for individuals seeking to provide unregulated self-arranged child care. The bill would require that TWC pay the costs incurred by DFPS and that each provider pay the cost of the fingerprint submission. A provider would be required to submit information for additional checks to be performed every five years. The bill would authorize the executive commissioner of the Health and Human Services Commission to adopt rules to require that individuals submit fingerprints electronically. The bill would require TWC to use electronic validation, if feasible, to verify the provision of care by providers. The bill would take effect September 1, 2009.
Section 1 of the bill would amend Subtitle B, Title 4, Labor Code by adding Chapter 312, which would require that the Texas Workforce Commission (TWC) ensures that payments made to a provider of unregulated self-arranged child care be made only to a provider on whom a background and criminal history check has been conducted and whose results of the check do not preclude the individual from providing care.
The bill would require the Department of Family and Protective Services (DFPS) to conduct both background and criminal history checks and checks of their Central Registry of Abuse and Neglect for individuals seeking to provide unregulated self-arranged child care. The bill would require that TWC pay the costs incurred by DFPS and that each provider pay the cost of the fingerprint submission. A provider would be required to submit information for additional checks to be performed every five years. The bill would authorize the executive commissioner of the Health and Human Services Commission to adopt rules to require that individuals submit fingerprints electronically. The bill would require TWC to use electronic validation, if feasible, to verify the provision of care by providers.
The bill would take effect September 1, 2009.
Methodology
Calculations assume 4,100 background and criminal history checks would be submitted in fiscal year 2010 and 3,600 per fiscal year in 2011 through 2014. Fees assessed by the Department of Public Safety (DPS) and DFPS would result in a total increase in revenue of $144,525 in fiscal year 2010 and $126,900 per year in fiscal years 2011 through 2014 for fingerprint checks. However, a portion of the DPS fee revenue ($70,725 in fiscal year 2010 and $62,100 per year in fiscal years 2011 through 2014) would be returned to the FBI for professional services as required by federal statute and is reflected as a cost to General Revenue in the tables above. The agency indicates that other costs associated with the increase in background checks can be absorbed within available resources. TWC estimates total costs of $299,300 in fiscal year 2010 and $298,800 in fiscal years 2011-2014 in Child Care Development Federal Funds for criminal history and background checks to be performed by DFPS.
Calculations assume 4,100 background and criminal history checks would be submitted in fiscal year 2010 and 3,600 per fiscal year in 2011 through 2014.
Fees assessed by the Department of Public Safety (DPS) and DFPS would result in a total increase in revenue of $144,525 in fiscal year 2010 and $126,900 per year in fiscal years 2011 through 2014 for fingerprint checks. However, a portion of the DPS fee revenue ($70,725 in fiscal year 2010 and $62,100 per year in fiscal years 2011 through 2014) would be returned to the FBI for professional services as required by federal statute and is reflected as a cost to General Revenue in the tables above. The agency indicates that other costs associated with the increase in background checks can be absorbed within available resources.
TWC estimates total costs of $299,300 in fiscal year 2010 and $298,800 in fiscal years 2011-2014 in Child Care Development Federal Funds for criminal history and background checks to be performed by DFPS.
Technology
The Department of Family and Protective Services estimates a technology impact of $62,352 in fiscal year 2010 for changes to the CLASS system.
The Department of Family and Protective Services estimates a technology impact of $62,352 in fiscal year 2010 for changes to the CLASS system.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 320 Texas Workforce Commission, 405 Department of Public Safety, 530 Family and Protective Services, Department of
320 Texas Workforce Commission, 405 Department of Public Safety, 530 Family and Protective Services, Department of
LBB Staff: JOB, CL, VJC, LR, MB
JOB, CL, VJC, LR, MB