LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 17, 2023 TO: Honorable James B. Frank, Chair, House Committee on Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4269 by Klick (Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB4269, As Introduced : a negative impact of ($196,091,092) 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($99,067,036)2025($97,024,056)2026($97,130,767)2027($97,303,821)2028($70,482,183)All Funds, Five-Year Impact: Fiscal Year Probable (Cost) fromGeneral Revenue Fund1 Probable (Cost) fromGR Match For Medicaid758 Probable (Cost) fromFederal Funds555 Change in Number of State Employees from FY 20232024($98,475,652)($591,384)($4,779,504)577.02025($96,448,954)($575,102)($4,605,730)577.02026($96,553,836)($576,931)($4,615,447)577.02027($96,725,009)($578,812)($4,630,495)577.02028($69,901,432)($580,751)($4,646,005)577.0 Fiscal AnalysisThe bill would prohibit the Department of Family and Protective Services (DFPS) from adding a name to the central registry unless a court in any civil, criminal, administrative, or juvenile proceeding issues a final order finding that the individual abused or neglected a child.The bill would require DFPS not later than the 10th business day before the date the department adds an individual's name and information to the central registry, to provide written notice to the individual of the prospective addition to the registry.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
April 17, 2023
TO: Honorable James B. Frank, Chair, House Committee on Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB4269 by Klick (Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.), As Introduced
TO: Honorable James B. Frank, Chair, House Committee on Human Services
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB4269 by Klick (Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.), 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
HB4269 by Klick (Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.), As Introduced
HB4269 by Klick (Relating to the procedures and notice required before an individual's name is added to the central child abuse or neglect registry.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB4269, As Introduced : a negative impact of ($196,091,092) 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 HB4269, As Introduced : a negative impact of ($196,091,092) 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 ($99,067,036)
2025 ($97,024,056)
2026 ($97,130,767)
2027 ($97,303,821)
2028 ($70,482,183)
All Funds, Five-Year Impact:
2024 ($98,475,652) ($591,384) ($4,779,504) 577.0
2025 ($96,448,954) ($575,102) ($4,605,730) 577.0
2026 ($96,553,836) ($576,931) ($4,615,447) 577.0
2027 ($96,725,009) ($578,812) ($4,630,495) 577.0
2028 ($69,901,432) ($580,751) ($4,646,005) 577.0
Fiscal Analysis
The bill would prohibit the Department of Family and Protective Services (DFPS) from adding a name to the central registry unless a court in any civil, criminal, administrative, or juvenile proceeding issues a final order finding that the individual abused or neglected a child.The bill would require DFPS not later than the 10th business day before the date the department adds an individual's name and information to the central registry, to provide written notice to the individual of the prospective addition to the registry.
Methodology
It is assumed that the State Office of Administrative Hearings (SOAH) would need to provide hearings to all designated perpetrators prior to their inclusion in the central registry. Based on estimated historical number of designated perpetrators, this would result in a need of 37,000 SOAH hearings each year. It is assumed that preparation for each hearing would take 8.0 hours for a total of 296,000 additional hours of work each year therefore 196.0 Child Care Investigator (CPI) II Fulltime Equivalents (FTEs) would be needed. To support the CPI investigators, it is assumed that an additional 84.0 FTEs would be needed to read reports, conducting staffing with attorneys, travel to the hearings as well as testify. In addition, based on a time study conducted in July 2022, the following FTEs would be needed to complete data, research case records, supervise and provide quality control: 8.0 Records Analyst I FTEs; 48.0 Records Analyst II FTEs; 4.0 Records Analyst III FTEs; and 4.0 Program Supervisor IV FTEs.Based on information from DFPS, the Health and Human Services Commission's (HHSC) legal department represents DFPS at SOAH hearings. The SOAHs mandated under this bill would not fall within the scope of services currently provided by HHSC and therefore it is assumed DFPS would need to provide their own legal representation. It is assumed that DFPS would need 179.0 Attorney II FTEs who would each handle 208.0 SOAHs annually as well as 18.0 Legal Assistant I FTEs and 7.0 Administrative I FTEs. Since DFPS is not listed in SOAH, Rider 7, Billing Rate for Workload, the agency would need enter into an interagency contract to pay SOAH for costs. It is assumed that SOAH's current hourly rate is $150 per hour, including fringe of $37.50 per hour. This analysis assumes the methodology for annual projected increase in IAC costs would be 6.35 SOAH hours total per hearing x 37,000 hearings x 187.50 per hour totaling $44,053,125 annually.Lastly, this analysis assumes 3.0 contracted System Analyst V FTEs for 5,868 hours of work to modify the Information Management Protecting Adults and Children in Texas (IMPACT) system for changes such as new legal status code and hearing documentation.
It is assumed that preparation for each hearing would take 8.0 hours for a total of 296,000 additional hours of work each year therefore 196.0 Child Care Investigator (CPI) II Fulltime Equivalents (FTEs) would be needed. To support the CPI investigators, it is assumed that an additional 84.0 FTEs would be needed to read reports, conducting staffing with attorneys, travel to the hearings as well as testify. In addition, based on a time study conducted in July 2022, the following FTEs would be needed to complete data, research case records, supervise and provide quality control: 8.0 Records Analyst I FTEs; 48.0 Records Analyst II FTEs; 4.0 Records Analyst III FTEs; and 4.0 Program Supervisor IV FTEs.
Based on information from DFPS, the Health and Human Services Commission's (HHSC) legal department represents DFPS at SOAH hearings. The SOAHs mandated under this bill would not fall within the scope of services currently provided by HHSC and therefore it is assumed DFPS would need to provide their own legal representation. It is assumed that DFPS would need 179.0 Attorney II FTEs who would each handle 208.0 SOAHs annually as well as 18.0 Legal Assistant I FTEs and 7.0 Administrative I FTEs.
Since DFPS is not listed in SOAH, Rider 7, Billing Rate for Workload, the agency would need enter into an interagency contract to pay SOAH for costs. It is assumed that SOAH's current hourly rate is $150 per hour, including fringe of $37.50 per hour. This analysis assumes the methodology for annual projected increase in IAC costs would be 6.35 SOAH hours total per hearing x 37,000 hearings x 187.50 per hour totaling $44,053,125 annually.
Lastly, this analysis assumes 3.0 contracted System Analyst V FTEs for 5,868 hours of work to modify the Information Management Protecting Adults and Children in Texas (IMPACT) system for changes such as new legal status code and hearing documentation.
Technology
Included in estimated costs are $606,560 in General Revenue Funds in fiscal year 2024 and $61,565 in General Revenue in fiscal year 2025 for technology modifications.
Local Government Impact
According to DFPS, there would be increased cost to county courts to administer a final order making the finding that the individual abused or neglected a child.
Source Agencies: b > td > 530 Family and Protective Services, Department of
530 Family and Protective Services, Department of
LBB Staff: b > td > JMc, NPe, ER, AN, NV
JMc, NPe, ER, AN, NV