LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION March 14, 2021 TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1647 by Perry (Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; providing an administrative penalty; creating criminal offenses.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1647, As Introduced : a negative impact of ($23,010,639) through the biennium ending August 31, 2023. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2022$02023($23,010,639)2024($132,195,700)2025($139,496,898)2026($139,864,791)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable (Cost) fromGR Match For Medicaid758 Probable (Cost) fromFederal Funds555 Probable Savings/(Cost) fromGR Match For Title XXI80102022$0$0$0$02023$42,425($23,012,428)($37,227,338)($40,636)2024$42,425($131,502,927)($206,603,645)($735,198)2025$42,425($138,465,688)($218,973,282)($1,073,635)2026$42,425($138,681,480)($219,078,850)($1,225,736)Fiscal Year Change in Number of State Employees from FY 20212022(1.0)2023(1.0)2024(1.0)2025(1.0)2026(1.0) Fiscal AnalysisThe bill would amend the Health and Safety Code by adding a provision requiring the Health and Human Services Commission (HHSC) to develop perinatal palliative care information and for health care providers to disseminate the related information under certain situations as outlined in the bill.The bill would amend the Health and Safety Code to prohibit abortion based on the race, ethnicity, sex, or disability of the woman's pregnancy, including a probability of diagnosis that a disability is present, as well as prohibit a person from performing an abortion in the third trimester of a pregnancy that has a severe and irreversible abnormality, identified by reliable diagnostic procedures, unless it is necessary due to a medical emergency. The bill would allow for private civil enforcement actions by any person, other than an officer or employee of a state or local governmental entity in this state, against a person who violates this provision.The bill would amend the Health and Safety Code to prohibit a person from performing an abortion in the third trimester of a pregnancy that has a severe and irreversible abnormality, identified by reliable diagnostic procedures.The bill would also amend the Health and Safety Code to prohibit a physician from knowingly performing or inducing an abortion if the physician has determined there is a detectable fetal heartbeat or failed to perform a test to detect a fetal heartbeat. The bill would require the executive commissioner of HHSC to adopt rules that specify the information required regarding the statistical probability of bringing a pregnancy to term based on the gestational age. The bill would prohibit a person from performing, inducing or attempting to perform or induce an abortion unless the abortion is performed, induced, or attempted to be performed or induced by a physician because of a medical emergency. The bill would allow for private civil enforcement actions by any person, other than an officer or employee of a state or local governmental entity in this state, against a person who violates this provision. The bill would create a felony offense related to the performance or inducement of an abortion after detecting a fetal heartbeat or failed to perform a test to detect a fetal heartbeat.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 14, 2021
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1647 by Perry (Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; providing an administrative penalty; creating criminal offenses.), As Introduced
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1647 by Perry (Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; providing an administrative penalty; creating criminal offenses.), As Introduced
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1647 by Perry (Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; providing an administrative penalty; creating criminal offenses.), As Introduced
SB1647 by Perry (Relating to information regarding perinatal palliative care, regulation of abortion, and the availability of certain defenses to prosecution for homicide and assault offenses; providing an administrative penalty; creating criminal offenses.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB1647, As Introduced : a negative impact of ($23,010,639) through the biennium ending August 31, 2023.
Estimated Two-year Net Impact to General Revenue Related Funds for SB1647, As Introduced : a negative impact of ($23,010,639) through the biennium ending August 31, 2023.
General Revenue-Related Funds, Five- Year Impact:
2022 $0
2023 ($23,010,639)
2024 ($132,195,700)
2025 ($139,496,898)
2026 ($139,864,791)
All Funds, Five-Year Impact:
2022 $0 $0 $0 $0
2023 $42,425 ($23,012,428) ($37,227,338) ($40,636)
2024 $42,425 ($131,502,927) ($206,603,645) ($735,198)
2025 $42,425 ($138,465,688) ($218,973,282) ($1,073,635)
2026 $42,425 ($138,681,480) ($219,078,850) ($1,225,736)
2022 (1.0)
2023 (1.0)
2024 (1.0)
2025 (1.0)
2026 (1.0)
Fiscal Analysis
The bill would amend the Health and Safety Code by adding a provision requiring the Health and Human Services Commission (HHSC) to develop perinatal palliative care information and for health care providers to disseminate the related information under certain situations as outlined in the bill.The bill would amend the Health and Safety Code to prohibit abortion based on the race, ethnicity, sex, or disability of the woman's pregnancy, including a probability of diagnosis that a disability is present, as well as prohibit a person from performing an abortion in the third trimester of a pregnancy that has a severe and irreversible abnormality, identified by reliable diagnostic procedures, unless it is necessary due to a medical emergency. The bill would allow for private civil enforcement actions by any person, other than an officer or employee of a state or local governmental entity in this state, against a person who violates this provision.The bill would amend the Health and Safety Code to prohibit a person from performing an abortion in the third trimester of a pregnancy that has a severe and irreversible abnormality, identified by reliable diagnostic procedures.The bill would also amend the Health and Safety Code to prohibit a physician from knowingly performing or inducing an abortion if the physician has determined there is a detectable fetal heartbeat or failed to perform a test to detect a fetal heartbeat. The bill would require the executive commissioner of HHSC to adopt rules that specify the information required regarding the statistical probability of bringing a pregnancy to term based on the gestational age. The bill would prohibit a person from performing, inducing or attempting to perform or induce an abortion unless the abortion is performed, induced, or attempted to be performed or induced by a physician because of a medical emergency. The bill would allow for private civil enforcement actions by any person, other than an officer or employee of a state or local governmental entity in this state, against a person who violates this provision. The bill would create a felony offense related to the performance or inducement of an abortion after detecting a fetal heartbeat or failed to perform a test to detect a fetal heartbeat.
The bill would prohibit a person from performing, inducing or attempting to perform or induce an abortion unless the abortion is performed, induced, or attempted to be performed or induced by a physician because of a medical emergency. The bill would allow for private civil enforcement actions by any person, other than an officer or employee of a state or local governmental entity in this state, against a person who violates this provision. The bill would create a felony offense related to the performance or inducement of an abortion after detecting a fetal heartbeat or failed to perform a test to detect a fetal heartbeat.
Methodology
For this analysis, it is assumed that the provision related to prohibiting abortion would be effective 91 days after the attorney general would submit the report required on the first Monday of December 2022, and become effective on March 1, 2023. As a result, it is assumed that there would be increase of births in the state by 16,919 in fiscal year 2023; 43,558 in fiscal year 2024; 43,560 in fiscal year 2025; and 43,541 in 2026. It is assumed that Medicaid would pay for 47.5 percent of births, consistent with the rate of all births paid by Medicaid in fiscal year 2018.It is assumed that women who are covered through the program will receive services at an average cost per month of $804.16, and that all infants whose birth was paid through Medicaid will remain eligible during the first year of their life, receiving 12 months of coverage at an average cost of $909.62 per month. The total estimated cost to the Medicaid program to cover the increase is an estimated $60.1 million All Funds in fiscal year 2023; $336.1 million All Funds in fiscal year 2024; $354.6 million All Funds in fiscal year 2025; and $354.5 million All Funds in fiscal year 2026. In addition, it is assumed that children one to five years old will be covered through the Children's Health Insurance Program (CHIP), and that children under age 1 will receive 12 months of coverage and those aged one to five years will receive six months. The total estimated cost to the CHIP program is $0.1 million All Funds in fiscal year 2023; $2.7 million All Funds in fiscal year 2024; $4.0 million All Funds in fiscal year 2025; and $4.5 million All Funds in fiscal year 2026. It is assumed that abortion facility licensing activities at the Health and Human Services Commission (HHSC) would no longer be required. There would be a reduction of 1.0 FTE at HHSC for a savings of $42,425 each fiscal year beginning in 2022. There would also be a loss of revenue from licensing fees estimated to be $135,779 each fiscal year.Total net impact is estimated to be $60.3 million All Funds in fiscal year 2023; $338.9 million All Funds in fiscal year 2024; $358.6 million All Funds in fiscal year 2025; and $359.0 million All Funds in fiscal year 2026. These include costs to General Revenue Funds of $23.1 million in fiscal year 2023; $132.2 million in fiscal year 2024; $139.6 million in fiscal year 2025; and $140.0 million in fiscal year 2026.The Texas Medical Board, the Office of the Attorney General and the Office of Court Administration indicate any cost to implement provisions of the bill would be minimal and can be absorbed within available resources.
In addition, it is assumed that children one to five years old will be covered through the Children's Health Insurance Program (CHIP), and that children under age 1 will receive 12 months of coverage and those aged one to five years will receive six months. The total estimated cost to the CHIP program is $0.1 million All Funds in fiscal year 2023; $2.7 million All Funds in fiscal year 2024; $4.0 million All Funds in fiscal year 2025; and $4.5 million All Funds in fiscal year 2026.
It is assumed that abortion facility licensing activities at the Health and Human Services Commission (HHSC) would no longer be required. There would be a reduction of 1.0 FTE at HHSC for a savings of $42,425 each fiscal year beginning in 2022. There would also be a loss of revenue from licensing fees estimated to be $135,779 each fiscal year.Total net impact is estimated to be $60.3 million All Funds in fiscal year 2023; $338.9 million All Funds in fiscal year 2024; $358.6 million All Funds in fiscal year 2025; and $359.0 million All Funds in fiscal year 2026. These include costs to General Revenue Funds of $23.1 million in fiscal year 2023; $132.2 million in fiscal year 2024; $139.6 million in fiscal year 2025; and $140.0 million in fiscal year 2026.The Texas Medical Board, the Office of the Attorney General and the Office of Court Administration indicate any cost to implement provisions of the bill would be minimal and can be absorbed within available resources.
Local Government Impact
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
Source Agencies: b > td > 212 Office of Court Admin, 302 Office of the Attorney General, 503 Texas Medical Board, 529 Hlth & Human Svcs Comm
212 Office of Court Admin, 302 Office of the Attorney General, 503 Texas Medical Board, 529 Hlth & Human Svcs Comm
LBB Staff: b > td > JMc, SMat, JLi, AKi
JMc, SMat, JLi, AKi