LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION Revision 1 March 31, 2025 TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB47 by Howard (Relating to sexual assault and other sex offenses.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB47, As Introduced: an impact of $0 through the biennium ending August 31, 2027. 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 Funds2026$02027$02028$02029$02030$0All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromCrime Victims Comp Acct4692026($1,468,784)2027($1,482,899)2028($1,505,142)2029($1,527,720)2030($1,550,635) Fiscal AnalysisThe bill would modify the Code of Criminal Procedure to add that a victim of sexual assault is entitled to information on and the right to payment of any prescribed continuing medical care related to the sexual assault during the 30-day period following the forensic examination.The bill would require the Office of the Attorney General to reimburse victims for these amounts, including medication and testing. The bill authorizes the attorney general to set reimbursement amounts by rule and makes conforming changes to victims' rights notification statutes for victims of sexual offenses. The bill would also extend the validity of certification of a sexual assault nurse examiner from two years to three years.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
Revision 1
March 31, 2025
Revision 1
Revision 1
TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB47 by Howard (Relating to sexual assault and other sex offenses.), As Introduced
TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB47 by Howard (Relating to sexual assault and other sex offenses.), As Introduced
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB47 by Howard (Relating to sexual assault and other sex offenses.), As Introduced
HB47 by Howard (Relating to sexual assault and other sex offenses.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB47, As Introduced: an impact of $0 through the biennium ending August 31, 2027. 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 HB47, As Introduced: an impact of $0 through the biennium ending August 31, 2027. 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:
2026 $0
2027 $0
2028 $0
2029 $0
2030 $0
All Funds, Five-Year Impact:
2026 ($1,468,784)
2027 ($1,482,899)
2028 ($1,505,142)
2029 ($1,527,720)
2030 ($1,550,635)
Fiscal Analysis
The bill would modify the Code of Criminal Procedure to add that a victim of sexual assault is entitled to information on and the right to payment of any prescribed continuing medical care related to the sexual assault during the 30-day period following the forensic examination.The bill would require the Office of the Attorney General to reimburse victims for these amounts, including medication and testing. The bill authorizes the attorney general to set reimbursement amounts by rule and makes conforming changes to victims' rights notification statutes for victims of sexual offenses. The bill would also extend the validity of certification of a sexual assault nurse examiner from two years to three years.
The bill would also extend the validity of certification of a sexual assault nurse examiner from two years to three years.
Methodology
Sexual Assault Nurse Examiner CertificationUnder current law, sexual assault nurse examiner certification must be renewed every two years. This bill would expand the validity so that certification would be valid for three years. The Office of the Attorney General (OAG) does not anticipate a fiscal impact from this section of the bill.30-day Follow-Up CareThe Crime Victims Services Division (CVSD) currently reimburses the cost for the forensic medical examination of a victim of sexual assault and reasonable medical care provided during the forensic medical examination, referred to as emergency medical care (EMC). This bill would expand this coverage to include prescribed continual medical care including medication and medical testing for up to 30 days following the forensic medical examination.MedicationsThe CVSD estimates the cost of reimbursement for Post-Exposure Prophylaxis (PEP) medication would be $7,873.23 per person, and projects an increase of 159 applications in the first year. Additionally, the CVSD assumes the cost of a follow-up visit for PEP treatment would cost $1,253.95 per claim. The total cost for medication is estimated to be $1,451,222 in the first fiscal year. Serious Injury Follow-up CareThe CVSD estimates one percent of victims (11 applications) would require reimbursement for a follow-up visit within the 30 day coverage window for serious injuries. This cost is estimated to be $2,106 in the first fiscal year.Cost Containment Vendor (CCV)The CVSD estimates a cost of $7,657 in the first fiscal year for the division's third-party Cost Containment Vendor.This analysis assumes a 1.5% growth rate for all costs, excepting the onetime system upgrade cost, to account for population growth and the corresponding increase in volume of claims. FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Increased EMC PEP reimbursement $1,251,844 $1,270,621 $1,289,681 $1,309,026 $1,328,661 Anticipated follow-up care for PEP $199,378 $202,369 $205,404 $208,485 $211,613 Anticipated follow-up care for serious injury $2,106 $2,137 $2,169 $2,202 $2,235 CCV costs $7,657 $7,772 $7,888 $8,007 $8,127 System Costs $7,800 $0 $0 $0 $0 Total Increased Cost $1,468,784 $1,482,899 $1,505,142 $1,527,720 $1,550,635
This analysis assumes a 1.5% growth rate for all costs, excepting the onetime system upgrade cost, to account for population growth and the corresponding increase in volume of claims. FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Increased EMC PEP reimbursement $1,251,844 $1,270,621 $1,289,681 $1,309,026 $1,328,661 Anticipated follow-up care for PEP $199,378 $202,369 $205,404 $208,485 $211,613 Anticipated follow-up care for serious injury $2,106 $2,137 $2,169 $2,202 $2,235 CCV costs $7,657 $7,772 $7,888 $8,007 $8,127 System Costs $7,800 $0 $0 $0 $0 Total Increased Cost $1,468,784 $1,482,899 $1,505,142 $1,527,720 $1,550,635
This analysis assumes a 1.5% growth rate for all costs, excepting the onetime system upgrade cost, to account for population growth and the corresponding increase in volume of claims. FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Increased EMC PEP reimbursement $1,251,844 $1,270,621 $1,289,681 $1,309,026 $1,328,661 Anticipated follow-up care for PEP $199,378 $202,369 $205,404 $208,485 $211,613 Anticipated follow-up care for serious injury $2,106 $2,137 $2,169 $2,202 $2,235 CCV costs $7,657 $7,772 $7,888 $8,007 $8,127 System Costs $7,800 $0 $0 $0 $0 Total Increased Cost $1,468,784 $1,482,899 $1,505,142 $1,527,720 $1,550,635
This analysis assumes a 1.5% growth rate for all costs, excepting the onetime system upgrade cost, to account for population growth and the corresponding increase in volume of claims.
This analysis assumes a 1.5% growth rate for all costs, excepting the onetime system upgrade cost, to account for population growth and the corresponding increase in volume of claims.
FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Increased EMC PEP reimbursement $1,251,844 $1,270,621 $1,289,681 $1,309,026 $1,328,661 Anticipated follow-up care for PEP $199,378 $202,369 $205,404 $208,485 $211,613 Anticipated follow-up care for serious injury $2,106 $2,137 $2,169 $2,202 $2,235 CCV costs $7,657 $7,772 $7,888 $8,007 $8,127 System Costs $7,800 $0 $0 $0 $0 Total Increased Cost $1,468,784 $1,482,899 $1,505,142 $1,527,720 $1,550,635
FY 2026 FY 2027 FY 2028 FY 2029 FY 2030
Increased EMC PEP reimbursement $1,251,844 $1,270,621 $1,289,681 $1,309,026 $1,328,661
Anticipated follow-up care for PEP $199,378 $202,369 $205,404 $208,485 $211,613
Anticipated follow-up care for serious injury $2,106 $2,137 $2,169 $2,202 $2,235
CCV costs $7,657 $7,772 $7,888 $8,007 $8,127
System Costs $7,800 $0 $0 $0 $0
Total Increased Cost $1,468,784 $1,482,899 $1,505,142 $1,527,720 $1,550,635
FY 2026
FY 2027
FY 2028
FY 2029
FY 2030
Increased EMC PEP reimbursement
$1,251,844
$1,270,621
$1,289,681
$1,309,026
$1,328,661
Anticipated follow-up care for PEP
$199,378
$202,369
$205,404
$208,485
$211,613
Anticipated follow-up care for serious injury
$2,106
$2,137
$2,169
$2,202
$2,235
CCV costs
$7,657
$7,772
$7,888
$8,007
$8,127
System Costs
$7,800
$0
$0
$0
$0
Total Increased Cost
$1,468,784
$1,482,899
$1,505,142
$1,527,720
$1,550,635
Technology
This analysis includes a onetime cost of $7,800 to upgrade the Crime Victims Compensation claim management software to allow for consideration of medical bills up to 30 days after the forensic medical examination.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 300 Trusteed Programs Within the Office of the Governor, 302 Office of the Attorney General, 405 Department of Public Safety, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission
212 Office of Court Administration, Texas Judicial Council, 300 Trusteed Programs Within the Office of the Governor, 302 Office of the Attorney General, 405 Department of Public Safety, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission
LBB Staff: b > td > JMc, MGol, LCO, JKe, NV, CMA
JMc, MGol, LCO, JKe, NV, CMA