LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 3, 2023 TO: Honorable James B. Frank, Chair, House Committee on Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2557 by Buckley (Relating to the Licensed Professional Counselors Compact; authorizing fees.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB2557, As Introduced : a negative impact of ($88,672) 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 toGeneral Revenue Related Funds2024($90,486)2025$1,8142026($18,186)2027($18,186)2028($18,186)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Revenue Gain fromGeneral Revenue Fund12024($90,486)$02025($48,186)$50,0002026($48,186)$30,0002027($48,186)$30,0002028($48,186)$30,000 Fiscal AnalysisThe bill would amend the Occupations Code to require the Behavioral Health Executive Council to participate in a licensed professional counselor's licensure compact to grant compact privileges to Texas professional counselor licensees and other participating states' licensees that would be coming to Texas. The bill would take effect September 1, 2023.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
April 3, 2023
TO: Honorable James B. Frank, Chair, House Committee on Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2557 by Buckley (Relating to the Licensed Professional Counselors Compact; authorizing fees.), As Introduced
TO: Honorable James B. Frank, Chair, House Committee on Human Services
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB2557 by Buckley (Relating to the Licensed Professional Counselors Compact; authorizing fees.), As Introduced
Honorable James B. Frank, Chair, House Committee on Human Services
Honorable James B. Frank, Chair, House Committee on Human Services
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB2557 by Buckley (Relating to the Licensed Professional Counselors Compact; authorizing fees.), As Introduced
HB2557 by Buckley (Relating to the Licensed Professional Counselors Compact; authorizing fees.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB2557, As Introduced : a negative impact of ($88,672) 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.
Estimated Two-year Net Impact to General Revenue Related Funds for HB2557, As Introduced : a negative impact of ($88,672) 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.
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 ($90,486)
2025 $1,814
2026 ($18,186)
2027 ($18,186)
2028 ($18,186)
All Funds, Five-Year Impact:
2024 ($90,486) $0
2025 ($48,186) $50,000
2026 ($48,186) $30,000
2027 ($48,186) $30,000
2028 ($48,186) $30,000
Fiscal Analysis
The bill would amend the Occupations Code to require the Behavioral Health Executive Council to participate in a licensed professional counselor's licensure compact to grant compact privileges to Texas professional counselor licensees and other participating states' licensees that would be coming to Texas. The bill would take effect September 1, 2023.
Methodology
The Compact Commission would have authority under Section 9 of the bill to levy and collect an annual assessment from the member states to cover the cost of operations. The agency estimates that the assessment would be a cost of $6,000 per year to General Revenue. Section 9 of the bill would also require the agency to select a delegate to serve on the Compact Commission. While additional full-time equivalents (FTEs) are not required, the agency would reclassify an Attorney position to a General Council position ($32,480 in annual costs with estimated benefits of $9,706) to fulfill these obligations. Section 10 of the bill would require the Council to submit a uniform data set to the Compact Commission's data system and to receive updates from this data system regarding the agency's current privilege to practice licensees. Based on the analysis of the Council, this estimate assumes a one-time cost to General Revenue of $42,000 in fiscal year 2024 to make the necessary programming changes to the agency's shared regulatory database that will enable the on-going data exchanges with the Compact Commission's data system.Lastly, Section 3(C) authorizes the Council to charge a fee for the issuance of a privilege to practice. Based on information provided by the Council, this estimate assumes that a minimum of $30,000 in additional General Revenue will be generated each fiscal year through privilege to practice application fees. This estimate was determined using the percentage of Council licensees who hold licenses in other states, and then applying that same percentage to the estimated number of licensed counselors in the remainder of the United States. The result is approximately 14,000 licensed professional counselors may consider applying for a privilege to practice in Texas. While the agency does not anticipate all of these individuals to apply at one time, this estimate assumes that at least 500 would apply for the privilege to practice beginning in fiscal year 2025, with an additional 300 or more each fiscal year thereafter. The application fee for the privilege to practice is assumed to be $100 for purposes of this fiscal note.The agency would require one year to implement the requirements of the compact, including the changes to its shared regulatory database, so the agency does not anticipate any revenue being generated during fiscal year 2024. However the agency would be participating in the compact as a voting member during this time frame, so the additional staff salary is necessary in fiscal year 2024.
Technology
As mentioned above, the agency estimates a one-time cost to general revenue of $42,000 to make the necessary programming changes to the agency's shared regulatory database that will enable the on-going data exchanges with the Compact Commission's data system.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 304 Comptroller of Public Accounts, 510 Behavioral Health Executive Council
304 Comptroller of Public Accounts, 510 Behavioral Health Executive Council
LBB Staff: b > td > JMc, NPe, GDZ, SLee
JMc, NPe, GDZ, SLee