LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 11, 2011 TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3206 by Davis, Yvonne (Relating to treatment of identity theft as a form of exploitation of an elderly or disabled person.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB3206, As Introduced: a negative impact of ($7,916,137) through the biennium ending August 31, 2013. 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, 82ND LEGISLATIVE REGULAR SESSION
April 11, 2011
TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB3206 by Davis, Yvonne (Relating to treatment of identity theft as a form of exploitation of an elderly or disabled person.), As Introduced
TO: Honorable Richard Pena Raymond, Chair, House Committee on Human Services
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: HB3206 by Davis, Yvonne (Relating to treatment of identity theft as a form of exploitation of an elderly or disabled person.), As Introduced
Honorable Richard Pena Raymond, Chair, House Committee on Human Services
Honorable Richard Pena Raymond, Chair, House Committee on Human Services
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
HB3206 by Davis, Yvonne (Relating to treatment of identity theft as a form of exploitation of an elderly or disabled person.), As Introduced
HB3206 by Davis, Yvonne (Relating to treatment of identity theft as a form of exploitation of an elderly or disabled person.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB3206, As Introduced: a negative impact of ($7,916,137) through the biennium ending August 31, 2013. 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 HB3206, As Introduced: a negative impact of ($7,916,137) through the biennium ending August 31, 2013.
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 2012 ($3,540,769) 2013 ($4,375,368) 2014 ($4,375,368) 2015 ($4,375,368) 2016 ($4,375,368)
2012 ($3,540,769)
2013 ($4,375,368)
2014 ($4,375,368)
2015 ($4,375,368)
2016 ($4,375,368)
All Funds, Five-Year Impact: Fiscal Year Probable (Cost) fromGeneral Revenue Fund1 Probable (Cost) fromFederal Funds555 Change in Number of State Employees from FY 2011 2012 ($3,540,769) ($253,511) 67.0 2013 ($4,375,368) ($220,074) 67.0 2014 ($4,375,368) ($220,074) 67.0 2015 ($4,375,368) ($220,074) 67.0 2016 ($4,375,368) ($220,074) 67.0
Fiscal Year Probable (Cost) fromGeneral Revenue Fund1 Probable (Cost) fromFederal Funds555 Change in Number of State Employees from FY 2011 2012 ($3,540,769) ($253,511) 67.0 2013 ($4,375,368) ($220,074) 67.0 2014 ($4,375,368) ($220,074) 67.0 2015 ($4,375,368) ($220,074) 67.0 2016 ($4,375,368) ($220,074) 67.0
2012 ($3,540,769) ($253,511) 67.0
2013 ($4,375,368) ($220,074) 67.0
2014 ($4,375,368) ($220,074) 67.0
2015 ($4,375,368) ($220,074) 67.0
2016 ($4,375,368) ($220,074) 67.0
Fiscal Analysis
The bill would amend Chapter 48 of the Human Resources Code, relating to investigations and protective services for elderly and disabled persons. The bill expands the definition of exploitation to include the act of taking or using an elderly or disabled person's identifying information by any person for personal advantage without the informed consent of the elderly or disabled person. The bill would take effect September 1, 2011.
The bill would amend Chapter 48 of the Human Resources Code, relating to investigations and protective services for elderly and disabled persons. The bill expands the definition of exploitation to include the act of taking or using an elderly or disabled person's identifying information by any person for personal advantage without the informed consent of the elderly or disabled person. The bill would take effect September 1, 2011.
Methodology
The Department of Family and Protective Services (DFPS) indicates that the bill broadens Adult Protective Services (APS) statutory responsibility. Currently APS investigates only persons with an ongoing relationship to the alleged victim. It is assumed that expanding APS' responsibilities would increase intakes, resulting in an increased need for intake workers and APS in-home workers. DFPS estimates that the forecasted APS population will be 4.3 million in fiscal year 2012 and 4.5 million in fiscal year 2013. Using the rate of identity theft in 2009 (116.4 per 100,000 Texans), as listed in the 2009 Federal Trade Commission "Consumer Sentinel Network Data Book," this would result in approximately 5,000 additional intakes in each fiscal year. DFPS assumes it would require two additional statewide intake workers, 41 new APS in-home workers, 6 supervisors, 6 administrative technicians and 1 program supervisor. Since APS does not have the expertise in identify theft investigations, 9 subject matter experts (1 per region) and 1 lead identity theft subject matter expert will be required. One position for enterprise support would be created at the Health and Human Services Commission. It is assumed that it will take DFPS 3 months in fiscal year 2012 to hire these employees. The salary costs associated with the additional 67 FTEs would be $3.3 million in fiscal year 2012 and $3.9 million in fiscal year 2013. Travel costs are assumed to be approximately $200,000 per year in fiscal years 2012-16. DFPS indicates it can implement any needed training within existing resources.
The Department of Family and Protective Services (DFPS) indicates that the bill broadens Adult Protective Services (APS) statutory responsibility. Currently APS investigates only persons with an ongoing relationship to the alleged victim.
It is assumed that expanding APS' responsibilities would increase intakes, resulting in an increased need for intake workers and APS in-home workers. DFPS estimates that the forecasted APS population will be 4.3 million in fiscal year 2012 and 4.5 million in fiscal year 2013. Using the rate of identity theft in 2009 (116.4 per 100,000 Texans), as listed in the 2009 Federal Trade Commission "Consumer Sentinel Network Data Book," this would result in approximately 5,000 additional intakes in each fiscal year. DFPS assumes it would require two additional statewide intake workers, 41 new APS in-home workers, 6 supervisors, 6 administrative technicians and 1 program supervisor. Since APS does not have the expertise in identify theft investigations, 9 subject matter experts (1 per region) and 1 lead identity theft subject matter expert will be required. One position for enterprise support would be created at the Health and Human Services Commission. It is assumed that it will take DFPS 3 months in fiscal year 2012 to hire these employees. The salary costs associated with the additional 67 FTEs would be $3.3 million in fiscal year 2012 and $3.9 million in fiscal year 2013. Travel costs are assumed to be approximately $200,000 per year in fiscal years 2012-16. DFPS indicates it can implement any needed training within existing resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 530 Family and Protective Services, Department of
530 Family and Protective Services, Department of
LBB Staff: JOB, CL, MB, NB, VJC
JOB, CL, MB, NB, VJC