LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION March 21, 2023 TO: Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1429 by Campos (Relating to the definitions of family violence and household member for purposes of crime victims' compensation.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB1429, As Introduced : an impact of $0 through the biennium ending August 31, 2025. The bill would have a cost for General Revenue-Dedicated Compensation to Victims of Crime Account 469 of ($2,464,850) for the 2024-25 biennium. 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 toGeneral Revenue Related Funds2024$02025$02026$02027$02028$0All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromCrime Victims Comp Acct469 Change in Number of State Employees from FY 20232024($1,017,778)2.02025($1,447,072)2.02026($1,961,668)2.02027($2,490,345)2.02028($3,034,899)2.0 Fiscal AnalysisThe bill would amend the Texas Code of Criminal Procedure (TCCP) to expand the definition of "family violence" to include child abuse and dating violence.The bill also amends the TCCP to remove the requirement of consanguinity and affinity in the definition of "household member."The change in law that would be made by this bill applies only to compensation for criminally injurious conduct occurring on or after the effective date of this bill. Compensation for criminally injurious conduct occurring before the effective date of this bill is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, criminally injurious conduct occurred before the effective date of this bill if any element of the offense underlying the conduct occurred before that date.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
March 21, 2023
TO: Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1429 by Campos (Relating to the definitions of family violence and household member for purposes of crime victims' compensation.), As Introduced
TO: Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB1429 by Campos (Relating to the definitions of family violence and household member for purposes of crime victims' compensation.), As Introduced
Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB1429 by Campos (Relating to the definitions of family violence and household member for purposes of crime victims' compensation.), As Introduced
HB1429 by Campos (Relating to the definitions of family violence and household member for purposes of crime victims' compensation.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB1429, As Introduced : an impact of $0 through the biennium ending August 31, 2025. The bill would have a cost for General Revenue-Dedicated Compensation to Victims of Crime Account 469 of ($2,464,850) for the 2024-25 biennium. 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 HB1429, As Introduced : an impact of $0 through the biennium ending August 31, 2025. The bill would have a cost for General Revenue-Dedicated Compensation to Victims of Crime Account 469 of ($2,464,850) for the 2024-25 biennium. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
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:
2024 $0
2025 $0
2026 $0
2027 $0
2028 $0
All Funds, Five-Year Impact:
2024 ($1,017,778) 2.0
2025 ($1,447,072) 2.0
2026 ($1,961,668) 2.0
2027 ($2,490,345) 2.0
2028 ($3,034,899) 2.0
Fiscal Analysis
The bill would amend the Texas Code of Criminal Procedure (TCCP) to expand the definition of "family violence" to include child abuse and dating violence.The bill also amends the TCCP to remove the requirement of consanguinity and affinity in the definition of "household member."The change in law that would be made by this bill applies only to compensation for criminally injurious conduct occurring on or after the effective date of this bill. Compensation for criminally injurious conduct occurring before the effective date of this bill is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, criminally injurious conduct occurred before the effective date of this bill if any element of the offense underlying the conduct occurred before that date.
Methodology
The following fiscal note is based on the Crime Victims' Compensation (CVC) average of five fiscal years, 2018-2022. The anticipated fiscal impact also includes a 3% yearly increase in applications.The bill would expand the definition of "family violence" to include abuse by a member of the family or household toward a child of the family or household and dating violence. The OAG anticipates that this change will result in a 5% increase in eligible claimant applications for rent and relocation expenses.The average payment for rent and relocation in fiscal year 2022 was $2,729.89. Average Payout per Application # Of New Claims for Relocation Projected Increase 1st Year FY 2024 $2,729.89 181 $494,110.09 The bill would expand the definition of "household member" to include any individual residing in the same permanent household as the victim at the time of the criminally injurious conduct. This new population would include unrelated roommates or cohabitating partners.The OAG anticipates that this new category of claimants would primarily request compensation for psychiatric care or counseling, loss of earnings, and travel expenses to attend certain appointments and proceedings. It is estimated that the number of eligible claimants will increase by 5% from the current number of valid claimants.The tables below capture the projected increases in costs associated with each compensation category.Psychiatric Care & Counseling Average Payout Per Application # Of New Bills Projected Increase 1st Year FY 2024 $2,341 88 $206,008 There is also an additional cost to process the mental health bills through the Crime Victim Services Division (CVSD) cost containment vendor who applies the medical fee guidelines. FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Count of New Medical Bills 88 55 57 59 60 Cost Per Medical Bill $9.40 $9.40 $9.40 $9.40 $9.40 Increase Vendor Costs $827.20 $1,344.20 $1,880.00 $2,434.60 $2,998.60 Loss of Earnings Average Payout Per Application # Of New Bills Projected Increase 1st Year FY 2024 $1,416.71 13 18,417.23 Bereavement Loss of Earnings Average Payout Per Application # Of New Bills Projected Increase 1st Year FY2024 $982.38 12 11,788.56 Travel Average Payout Per Application # Of New Bills Projected Increase 1st Year FY2024 $1,191 51 $60,741 The OAG anticipates that 2.0 FTEs would be needed to address the increased workload from the bill. This includes one Administrative Assistant III and one Reimbursement Officer III. Additionally, the OAG anticipates one-time costs of $50,000 for vendor hours to update the claims management system workflow used for crime victim applications. The total anticipated costs are itemized below. FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Relocation $494,110.09 $805,317.55 $1,127,444.57 $1,457,761.26 $1,798,997.51 Mental Health Care $206,008.00 $334,763.00 $468,200.00 $606,319.00 $746,779.00 Loss of Earnings $18,417.23 $29,750.91 $41,084.59 $52,418.27 $65,168.66 Bereavement $11,788.56 $19,647.60 $27,506.64 $35,365.68 $43,224.72 Travel $60,741.00 $98,853.00 $138,156.00 $178,650.00 $220,335.00 CCV Costs $827.20 $1,344.20 $1,880.00 $2,434.60 $2,998.60 System Costs $50,000.00 FTE Costs $175,886 $157,396 $157,396 $157,396 $157,396 Total Per year $1,017,778.08 $1,447,072.26 $1,961,667.80 $2,490,344.81 $3,034,899.49
The following fiscal note is based on the Crime Victims' Compensation (CVC) average of five fiscal years, 2018-2022. The anticipated fiscal impact also includes a 3% yearly increase in applications.The bill would expand the definition of "family violence" to include abuse by a member of the family or household toward a child of the family or household and dating violence. The OAG anticipates that this change will result in a 5% increase in eligible claimant applications for rent and relocation expenses.The average payment for rent and relocation in fiscal year 2022 was $2,729.89.
Average Payout per Application # Of New Claims for Relocation Projected Increase 1st Year
FY 2024 $2,729.89 181 $494,110.09
The bill would expand the definition of "household member" to include any individual residing in the same permanent household as the victim at the time of the criminally injurious conduct. This new population would include unrelated roommates or cohabitating partners.The OAG anticipates that this new category of claimants would primarily request compensation for psychiatric care or counseling, loss of earnings, and travel expenses to attend certain appointments and proceedings. It is estimated that the number of eligible claimants will increase by 5% from the current number of valid claimants.The tables below capture the projected increases in costs associated with each compensation category.Psychiatric Care & Counseling
Average Payout Per Application # Of New Bills Projected Increase 1st Year
FY 2024 $2,341 88 $206,008
There is also an additional cost to process the mental health bills through the Crime Victim Services Division (CVSD) cost containment vendor who applies the medical fee guidelines.
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Count of New Medical Bills 88 55 57 59 60
Cost Per Medical Bill $9.40 $9.40 $9.40 $9.40 $9.40
Increase Vendor Costs $827.20 $1,344.20 $1,880.00 $2,434.60 $2,998.60
Loss of Earnings
Average Payout Per Application # Of New Bills Projected Increase 1st Year
FY 2024 $1,416.71 13 18,417.23
Bereavement Loss of Earnings
Average Payout Per Application # Of New Bills Projected Increase 1st Year
FY2024 $982.38 12 11,788.56
Travel
Average Payout Per Application # Of New Bills Projected Increase 1st Year
FY2024 $1,191 51 $60,741
FY 2024 FY 2025 FY 2026 FY 2027 FY 2028
Relocation $494,110.09 $805,317.55 $1,127,444.57 $1,457,761.26 $1,798,997.51
Mental Health Care $206,008.00 $334,763.00 $468,200.00 $606,319.00 $746,779.00
Loss of Earnings $18,417.23 $29,750.91 $41,084.59 $52,418.27 $65,168.66
Bereavement $11,788.56 $19,647.60 $27,506.64 $35,365.68 $43,224.72
Travel $60,741.00 $98,853.00 $138,156.00 $178,650.00 $220,335.00
CCV Costs $827.20 $1,344.20 $1,880.00 $2,434.60 $2,998.60
System Costs $50,000.00
FTE Costs $175,886 $157,396 $157,396 $157,396 $157,396
Total Per year $1,017,778.08 $1,447,072.26 $1,961,667.80 $2,490,344.81 $3,034,899.49
Technology
The technology impact includes one-time costs of $59,250 in fiscal year 2024 and a recurring cost in each fiscal year of $7,236. One-time costs include system costs, standard laptop, software, printer, and telecom/voicemail. Annual recurring charges cover data center services and voice line.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 302 Office of the Attorney General
302 Office of the Attorney General
LBB Staff: b > td > JMc, DDel, LCO, HGR, NV
JMc, DDel, LCO, HGR, NV