LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION April 25, 2023 TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2009 by Sparks (Relating to access to certain information in the adoption process and information in certain investigations conducted by the Department of Family and Protective Services.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB2009, As Introduced : a negative impact of ($3,083,065) 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($1,574,337)2025($1,508,728)2026($1,514,498)2027($1,520,431)2028($1,526,546)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($1,557,037)($17,300)($155,704)20.02025($1,492,149)($16,579)($149,215)20.02026($1,497,855)($16,643)($149,785)20.02027($1,503,723)($16,708)($150,372)20.02028($1,509,771)($16,775)($150,977)20.0 Fiscal AnalysisThe bill would require the Department of Family and Protective Services (DFPS) to produce all requested information related to any investigation conducted by the department no later than 90 days after a request.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
April 25, 2023
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB2009 by Sparks (Relating to access to certain information in the adoption process and information in certain investigations conducted by the Department of Family and Protective Services.), As Introduced
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB2009 by Sparks (Relating to access to certain information in the adoption process and information in certain investigations conducted by the Department of Family and Protective Services.), As Introduced
Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB2009 by Sparks (Relating to access to certain information in the adoption process and information in certain investigations conducted by the Department of Family and Protective Services.), As Introduced
SB2009 by Sparks (Relating to access to certain information in the adoption process and information in certain investigations conducted by the Department of Family and Protective Services.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB2009, As Introduced : a negative impact of ($3,083,065) 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 SB2009, As Introduced : a negative impact of ($3,083,065) 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 ($1,574,337)
2025 ($1,508,728)
2026 ($1,514,498)
2027 ($1,520,431)
2028 ($1,526,546)
All Funds, Five-Year Impact:
2024 ($1,557,037) ($17,300) ($155,704) 20.0
2025 ($1,492,149) ($16,579) ($149,215) 20.0
2026 ($1,497,855) ($16,643) ($149,785) 20.0
2027 ($1,503,723) ($16,708) ($150,372) 20.0
2028 ($1,509,771) ($16,775) ($150,977) 20.0
Fiscal Analysis
The bill would require the Department of Family and Protective Services (DFPS) to produce all requested information related to any investigation conducted by the department no later than 90 days after a request.
Methodology
According to DFPS, the agency's records management group currently processes requests for investigation records under general requests. DFPS received 13,968 requests in fiscal year 2024 and the current wait time for general requests is 24 months. To meet the 90 day timeframe, this analysis assumes the need of 4.0 Records Analyst I Fulltime Equivalent (FTEs), 14.0 Records Analyst II FTEs, and 1.0 Records Analyst III FTE to complete the intake, research, gathering of information and redaction of case records. In addition, 1.0 Program Specialist IV FTE is assumed to supervisor the additional FTEs. According to DFPS, the agency is uncertain if the information request for investigations would include open investigations. The agency has 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.
To meet the 90 day timeframe, this analysis assumes the need of 4.0 Records Analyst I Fulltime Equivalent (FTEs), 14.0 Records Analyst II FTEs, and 1.0 Records Analyst III FTE to complete the intake, research, gathering of information and redaction of case records. In addition, 1.0 Program Specialist IV FTE is assumed to supervisor the additional FTEs. According to DFPS, the agency is uncertain if the information request for investigations would include open investigations. The agency has 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, NPe, ER, AN, NV
JMc, NPe, ER, AN, NV