LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 13, 2025 TO: Honorable Gary VanDeaver, Chair, House Committee on Public Health FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB5342 by Landgraf (Relating to the provision of behavioral health crisis services, including the operation of crisis centers and mobile crisis outreach teams; authorizing a fee.), As Introduced The fiscal implications of the bill cannot be determined because the level of the fee or potential revenue collected may change based on 988 program demand or other factors, and the potential impact of appropriations for related crisis services in the appropriations bill on the level of funding needed to support implementation of the bill. The bill would establish the 988 Suicide and Crisis Lifeline trust fund as a trust fund held by the Comptroller of Public Accounts (CPA) outside of the state treasury and administered by the Health and Human Services Commission (HHSC). The bill would require money deposited in the trust fund to be used to implement, maintain, or improve the 988 Suicide & Crisis Lifeline, provide funding for crisis outreach and other community mental health center services provided in response to the 988 Suicide & Crisis Lifeline, and for other related and administrative activities. The bill would require HHSC, in collaboration with the Commission on State Emergency Communications (CSEC), to impose a fee on each local exchange access line, wireless telecommunications connection, Voice over Internet Protocol service connection, and purchase of a prepaid wireless telecommunications in an amount sufficient to cover the costs of creating, operating, and maintaining suicide prevention services according to the national guidelines for crisis services. Revenue from the fee shall be deposited into the 988 Suicide and Crisis Lifeline trust fund. The bill would require HHSC to provide annual reports to the Legislature, Federal Communications Commission, and the federal Substance Abuse and Mental Health Services Administration (SAMHSA). This analysis assumes that revenue generated by the fee authorized by the bill would be deposited to the credit of the new 988 Suicide and Crisis Lifeline. This analysis also assumes that, while the requirements of the bill are expected to result in a significant negative impact to HHSC to implement, that HHSC would set the fee at an appropriate amount to offset the cost of implementation. Based on information provided by HHSC, this analysis assumes HHSC would establish a $0.10 monthly fee to reimburse costs to administer the 988 Suicide and Crisis Lifeline and adhere to network standards set by SAMHSA and the 988 Lifeline Administrator. This analysis assumes HHSC would generate $54,000,000 in fee revenue per fiscal year to implement the provisions of the bill, including achieving a 90 percent in-state answer rate for calls, chats, and texts to the 988 Suicide and Crisis Lifeline. The revenue needed to support the activities required by the bill, and the related fee, may be subject to change based on 988 Suicide and Crisis Lifeline demand or state and federal appropriations provided by the Legislature through the General Appropriations Bill for crisis services.Based on information provided by HHSC, this analysis assumes HHSC would require an additional 4.0 full-time-equivalents (FTEs) to implement the provisions of the bill, including: 1.0 Program Specialist V to provide quality management; 1.0 Program Specialist VII to provide financial assistance; and 2.0 Contract Specialist V to oversee related contracts and fiscal reviews. Total personnel-related costs, including salaries and travel, are estimated to total $682,209 in All Funds in fiscal year 2026 and $644,545 in All Funds in fiscal year 2027. This analysis assumes that HHSC would utilize sufficient fee revenue in the trust fund to support the FTEs. This analysis also assumes that the FTEs would be exempted from HHSC's FTE limitation as the FTEs would not be paid from appropriated funds but rather through the trust fund held outside of the state treasury. However, a rider could be added to the General Appropriations Bill to provide the FTE authority if deemed necessary or if the FTEs would be partially or fully funded through state or federal appropriations. It is assumed that the CSEC could absorb the costs related to implementing the bill within current resources.According to the CPA, the Texas Treasury Safekeeping Trust Company (TTSTC) would not be authorized to assess management expenses from the fund or estimate cash flow projections because the bill would not provide certain customary fund management authority to TTSTC. Note: The bill would move funds outside the Treasury or otherwise create or establish a fund outside the Treasury. The Texas Constitution authorizes funds outside the Treasury to be expended without legislative appropriation, which may limit the Legislature's ability to make appropriation decisions concerning these funds in the future. Local Government ImpactThere may be a significant cost to local mental health authorities and local behavioral health authorities to provide related crisis services. However, this analysis assumes revenues generated by fees imposed by HHSC and deposited into the trust fund would be available to help offset costs. Source Agencies: b > td > 304 Comptroller of Public Accounts, 477 Commission on State Emergency Communications, 529 Health and Human Services Commission LBB Staff: b > td > JMc, NPe, ER, SB, NV
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 13, 2025
TO: Honorable Gary VanDeaver, Chair, House Committee on Public Health FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB5342 by Landgraf (Relating to the provision of behavioral health crisis services, including the operation of crisis centers and mobile crisis outreach teams; authorizing a fee.), As Introduced
TO: Honorable Gary VanDeaver, Chair, House Committee on Public Health
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB5342 by Landgraf (Relating to the provision of behavioral health crisis services, including the operation of crisis centers and mobile crisis outreach teams; authorizing a fee.), As Introduced
Honorable Gary VanDeaver, Chair, House Committee on Public Health
Honorable Gary VanDeaver, Chair, House Committee on Public Health
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB5342 by Landgraf (Relating to the provision of behavioral health crisis services, including the operation of crisis centers and mobile crisis outreach teams; authorizing a fee.), As Introduced
HB5342 by Landgraf (Relating to the provision of behavioral health crisis services, including the operation of crisis centers and mobile crisis outreach teams; authorizing a fee.), As Introduced
The fiscal implications of the bill cannot be determined because the level of the fee or potential revenue collected may change based on 988 program demand or other factors, and the potential impact of appropriations for related crisis services in the appropriations bill on the level of funding needed to support implementation of the bill.
The fiscal implications of the bill cannot be determined because the level of the fee or potential revenue collected may change based on 988 program demand or other factors, and the potential impact of appropriations for related crisis services in the appropriations bill on the level of funding needed to support implementation of the bill.
The bill would establish the 988 Suicide and Crisis Lifeline trust fund as a trust fund held by the Comptroller of Public Accounts (CPA) outside of the state treasury and administered by the Health and Human Services Commission (HHSC). The bill would require money deposited in the trust fund to be used to implement, maintain, or improve the 988 Suicide & Crisis Lifeline, provide funding for crisis outreach and other community mental health center services provided in response to the 988 Suicide & Crisis Lifeline, and for other related and administrative activities. The bill would require HHSC, in collaboration with the Commission on State Emergency Communications (CSEC), to impose a fee on each local exchange access line, wireless telecommunications connection, Voice over Internet Protocol service connection, and purchase of a prepaid wireless telecommunications in an amount sufficient to cover the costs of creating, operating, and maintaining suicide prevention services according to the national guidelines for crisis services. Revenue from the fee shall be deposited into the 988 Suicide and Crisis Lifeline trust fund. The bill would require HHSC to provide annual reports to the Legislature, Federal Communications Commission, and the federal Substance Abuse and Mental Health Services Administration (SAMHSA). This analysis assumes that revenue generated by the fee authorized by the bill would be deposited to the credit of the new 988 Suicide and Crisis Lifeline. This analysis also assumes that, while the requirements of the bill are expected to result in a significant negative impact to HHSC to implement, that HHSC would set the fee at an appropriate amount to offset the cost of implementation. Based on information provided by HHSC, this analysis assumes HHSC would establish a $0.10 monthly fee to reimburse costs to administer the 988 Suicide and Crisis Lifeline and adhere to network standards set by SAMHSA and the 988 Lifeline Administrator. This analysis assumes HHSC would generate $54,000,000 in fee revenue per fiscal year to implement the provisions of the bill, including achieving a 90 percent in-state answer rate for calls, chats, and texts to the 988 Suicide and Crisis Lifeline. The revenue needed to support the activities required by the bill, and the related fee, may be subject to change based on 988 Suicide and Crisis Lifeline demand or state and federal appropriations provided by the Legislature through the General Appropriations Bill for crisis services.Based on information provided by HHSC, this analysis assumes HHSC would require an additional 4.0 full-time-equivalents (FTEs) to implement the provisions of the bill, including: 1.0 Program Specialist V to provide quality management; 1.0 Program Specialist VII to provide financial assistance; and 2.0 Contract Specialist V to oversee related contracts and fiscal reviews. Total personnel-related costs, including salaries and travel, are estimated to total $682,209 in All Funds in fiscal year 2026 and $644,545 in All Funds in fiscal year 2027. This analysis assumes that HHSC would utilize sufficient fee revenue in the trust fund to support the FTEs. This analysis also assumes that the FTEs would be exempted from HHSC's FTE limitation as the FTEs would not be paid from appropriated funds but rather through the trust fund held outside of the state treasury. However, a rider could be added to the General Appropriations Bill to provide the FTE authority if deemed necessary or if the FTEs would be partially or fully funded through state or federal appropriations. It is assumed that the CSEC could absorb the costs related to implementing the bill within current resources.According to the CPA, the Texas Treasury Safekeeping Trust Company (TTSTC) would not be authorized to assess management expenses from the fund or estimate cash flow projections because the bill would not provide certain customary fund management authority to TTSTC. Note: The bill would move funds outside the Treasury or otherwise create or establish a fund outside the Treasury. The Texas Constitution authorizes funds outside the Treasury to be expended without legislative appropriation, which may limit the Legislature's ability to make appropriation decisions concerning these funds in the future.
Local Government Impact
There may be a significant cost to local mental health authorities and local behavioral health authorities to provide related crisis services. However, this analysis assumes revenues generated by fees imposed by HHSC and deposited into the trust fund would be available to help offset costs.
Source Agencies: b > td > 304 Comptroller of Public Accounts, 477 Commission on State Emergency Communications, 529 Health and Human Services Commission
304 Comptroller of Public Accounts, 477 Commission on State Emergency Communications, 529 Health and Human Services Commission
LBB Staff: b > td > JMc, NPe, ER, SB, NV
JMc, NPe, ER, SB, NV