LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 21, 2025 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB330 by Meza (Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.), As Introduced No significant fiscal implication to the State is anticipated. The bill would not require a professional providing prenatal, mental health, or other medical care to make a report on a person who voluntarily discloses to the professional that they illegally used a controlled substance during pregnancy in certain circumstances. The bill also would prohibit the Department of Family and Protective Services from investigating a report or abuse or neglect if the person enrolls in and successfully completes a substance abuse treatment program under the supervision of the referring or treating professional.According to DFPS, the changes to Family Code, section 261.101 could potentially violate federal law related to the Comprehensive Addiction and Recovery Act. The agency uses the professional reporting under this section in cases of infants born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or Fetal Alcohol Spectrum Disorder to comply with the federal requirements. Since this bill would not require professionals to refer these types of cases in certain circumstances to DFPS, the agency could potentially be out of compliance with the federal Act.It is assumed any costs to the Department of Family and Protective Services could be absorbed within existing resources. Local Government ImpactNo fiscal implication to units of local government is anticipated. Source Agencies: b > td > 530 Family and Protective Services, Department of LBB Staff: b > td > JMc, KDw, ER, AN
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 21, 2025
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB330 by Meza (Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.), As Introduced
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB330 by Meza (Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.), As Introduced
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB330 by Meza (Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.), As Introduced
HB330 by Meza (Relating to reporting and investigating certain cases of child abuse or neglect involving a pregnant person's use of a controlled substance.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would not require a professional providing prenatal, mental health, or other medical care to make a report on a person who voluntarily discloses to the professional that they illegally used a controlled substance during pregnancy in certain circumstances. The bill also would prohibit the Department of Family and Protective Services from investigating a report or abuse or neglect if the person enrolls in and successfully completes a substance abuse treatment program under the supervision of the referring or treating professional.According to DFPS, the changes to Family Code, section 261.101 could potentially violate federal law related to the Comprehensive Addiction and Recovery Act. The agency uses the professional reporting under this section in cases of infants born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or Fetal Alcohol Spectrum Disorder to comply with the federal requirements. Since this bill would not require professionals to refer these types of cases in certain circumstances to DFPS, the agency could potentially be out of compliance with the federal Act.It is assumed any costs to the Department of Family and Protective Services could be absorbed within existing resources.
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, KDw, ER, AN
JMc, KDw, ER, AN