LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION March 30, 2023 TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1269 by Hughes (relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB1269, Committee Report 1st House, Substituted : a negative impact of ($903,949) through the biennium ending August 31, 2025. General Revenue-Related Funds, Five- Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact toGeneral Revenue Related Funds2024($462,041)2025($441,908)2026($443,658)2027($445,458)2028($447,312)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($457,019)($5,022)($40,178)6.02025($437,105)($4,803)($38,427)6.02026($438,836)($4,822)($38,579)6.02027($440,616)($4,842)($38,735)6.02028($442,450)($4,862)($38,897)6.0 Fiscal AnalysisThe bill would require the Department of Family and Protective Services (DFPS), no later than seventh day before the date of the full adversary hearing, to provide certain information to each party.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
March 30, 2023
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1269 by Hughes (relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.), Committee Report 1st House, Substituted
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1269 by Hughes (relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.), Committee Report 1st House, Substituted
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
SB1269 by Hughes (relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.), Committee Report 1st House, Substituted
SB1269 by Hughes (relating to admissibility and disclosure of certain evidence in a suit affecting the parent-child relationship filed by the Department of Family and Protective Services.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for SB1269, Committee Report 1st House, Substituted : a negative impact of ($903,949) through the biennium ending August 31, 2025.
Estimated Two-year Net Impact to General Revenue Related Funds for SB1269, Committee Report 1st House, Substituted : a negative impact of ($903,949) through the biennium ending August 31, 2025.
Estimated Two-year Net Impact to General Revenue Related Funds for SB1269, Committee Report 1st House, Substituted : a negative impact of ($903,949) through the biennium ending August 31, 2025.
General Revenue-Related Funds, Five- Year Impact:
2024 ($462,041)
2025 ($441,908)
2026 ($443,658)
2027 ($445,458)
2028 ($447,312)
All Funds, Five-Year Impact:
2024 ($457,019) ($5,022) ($40,178) 6.0
2025 ($437,105) ($4,803) ($38,427) 6.0
2026 ($438,836) ($4,822) ($38,579) 6.0
2027 ($440,616) ($4,842) ($38,735) 6.0
2028 ($442,450) ($4,862) ($38,897) 6.0
Fiscal Analysis
The bill would require the Department of Family and Protective Services (DFPS), no later than seventh day before the date of the full adversary hearing, to provide certain information to each party.
Methodology
According to DFPS in fiscal year 2022, there were 9,625 removals. This analysis assumes that it would take approximately 8,823 hours per fiscal year to prepare and redact information. It is assumed that 2.0 Records Analyst I Fulltime Equivalents (FTEs) and 4.0 Records Analyst II FTEs would be needed to address the workload and meet the timeframes to provide information prior to the full adversary hearing.The agency has indicated that providing the information no later than the seventh day before the full adversary hearing would be challenging to achieve as the agency is typically gathering information up until the hearing, which is required to be held within 14 days after the date the child was taken into possession by the department. The agency has also indicated that the release of an open investigative file would contradict record rules established in the Texas Administrative Code sections 700.205(c) and 705.1911. Pursuant to these sections, the agency is not permitted to release case records until the investigation is completed.
The agency has indicated that providing the information no later than the seventh day before the full adversary hearing would be challenging to achieve as the agency is typically gathering information up until the hearing, which is required to be held within 14 days after the date the child was taken into possession by the department.
The agency has also indicated that the release of an open investigative file would contradict record rules established in the Texas Administrative Code sections 700.205(c) and 705.1911. Pursuant to these sections, the agency is not permitted to release case records until the investigation is completed.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 530 Family and Protective Services, Department of
530 Family and Protective Services, Department of
LBB Staff: b > td > JMc, SMAT, ER, AN
JMc, SMAT, ER, AN