LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 15, 2025 TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1310 by Cook (Relating to senior independent living communities; providing a civil penalty.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1310, As Introduced: a negative impact of ($7,185,751) 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($4,164,545)2027($3,021,206)2028($3,023,774)2029($3,025,911)2030($3,028,094)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromGR Match For Medicaid758 Probable Savings/(Cost) fromFederal Funds555 Change in Number of State Employees from FY 20252026($3,446,975)($717,570)($730,329)12.02027($2,822,791)($198,415)($199,462)12.02028($2,825,288)($198,486)($199,534)12.02029($2,827,368)($198,543)($199,593)12.02030($2,829,491)($198,603)($199,654)12.0 Fiscal AnalysisThis bill amends the Health and Safety Code to require senior independent living communities (SILC) to prepare, maintain, and annually update written emergency response plans for the community. The emergency response plan must be filed with the Health and Human Services Commission (HHSC) on an annual basis. This bill would take effect September 1, 2025.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 15, 2025
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1310 by Cook (Relating to senior independent living communities; providing a civil penalty.), As Introduced
TO: Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1310 by Cook (Relating to senior independent living communities; providing a civil penalty.), 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
SB1310 by Cook (Relating to senior independent living communities; providing a civil penalty.), As Introduced
SB1310 by Cook (Relating to senior independent living communities; providing a civil penalty.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB1310, As Introduced: a negative impact of ($7,185,751) 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 SB1310, As Introduced: a negative impact of ($7,185,751) 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 ($4,164,545)
2027 ($3,021,206)
2028 ($3,023,774)
2029 ($3,025,911)
2030 ($3,028,094)
All Funds, Five-Year Impact:
2026 ($3,446,975) ($717,570) ($730,329) 12.0
2027 ($2,822,791) ($198,415) ($199,462) 12.0
2028 ($2,825,288) ($198,486) ($199,534) 12.0
2029 ($2,827,368) ($198,543) ($199,593) 12.0
2030 ($2,829,491) ($198,603) ($199,654) 12.0
Fiscal Analysis
This bill amends the Health and Safety Code to require senior independent living communities (SILC) to prepare, maintain, and annually update written emergency response plans for the community. The emergency response plan must be filed with the Health and Human Services Commission (HHSC) on an annual basis. This bill would take effect September 1, 2025.
Methodology
HHSC assumes the agency would be required to accept the initial emergency response plan filed by a defined SILC and accept an annual updated version of the emergency response plan when filed with the agency. This analysis assumes a minor portion of the review process for an emergency response plan's compliance with this bill will constitute an onsite visit to an SILC; thereby, the majority of the review process of an SILC's filed emergency response plan would happen in office. This analysis assumes HHSC would require $4,164,545 from the General Revenue Fund ($4,894,874 from All Funds) and 12.0 full-time-equivalents (FTEs) in fiscal year 2026 and $3,021,206 from the General Revenue Fund ($3,220,668 from All Funds) and 12.0 FTEs in fiscal year 2027 to implement the provisions of the bill, which includes the review of filed emergency response plans for an SILC, modifications to the Texas Unified Licensure Information Portal (TULIP), and processing complaints from the SILC facilities, providers, and clients.Included in the amounts above are assumed FTE costs totaling $1,461,905 from the General Revenue Fund ($1,491,972 from All Funds) and 12.0 FTEs in fiscal year 2026 and $1,415,920 from the General Revenue Fund ($1,442,920 from All Funds) and 12.0 FTEs in fiscal year 2027. This includes 1.0 Administrative Assistant, 1.0 Manager II, 1.0 Program Specialist IV, 7.0 Safety Officer II, 1.0 System Analyst IV, and 1.0 Program Specialist V (indirect administration) FTEs each fiscal year of the biennium. Included in the assumed FTE costs is $118,370 from the General Revenue Fund ($121,528 from All Funds) in fiscal year 2026 for one-time costs related to the review process for filed emergency response plans filed by an SILC.This analysis also assumes HHSC would require $2,702,640 from the General Revenue Fund ($3,402,902 from All Funds) in fiscal year 2026 and $1,605,286 from the General Revenue Fund ($1,777,748 from All Funds) in fiscal year 2027 to implement the necessary modifications related to HHSC's TULIP system. The modifications include a new TULIP interface for SILCs, which HHSC does not currently regulate, to allow these communities to file emergency response plans with HHSC as required by this bill. The agency's intention is to contract with a Deloitte Technology Solutions Services team to complete the majority of the modifications. Other costs associated with information technology include contracting a service support desk to assist the ongoing support and maintenance of TULIP and its operations. HHSC assumes of the technology costs, $1,097,354 from the General Revenue Fund ($1,625,154 from All Funds) are one-time expenditures and would not continue beyond fiscal year 2026.This bill establishes a civil penalty for violations of the provisions of this bill and gives the Office of the Attorney General (OAG) the authority to bring suit to collect a penalty. This analysis assumes the OAG can implement provisions of this bill within existing agency resources. According to the Comptroller of Public Accounts, the number of violations that would result in civil penalty revenue is unknown; therefore, the related fiscal impact on the state cannot be estimated.
According to the Comptroller of Public Accounts, the number of violations that would result in civil penalty revenue is unknown; therefore, the related fiscal impact on the state cannot be estimated.
According to the Comptroller of Public Accounts, the number of violations that would result in civil penalty revenue is unknown; therefore, the related fiscal impact on the state cannot be estimated.
Technology
As mentioned above, HHSC would require $2,702,640 from the General Revenue Fund ($3,402,902 from All Funds) and 1.0 System Analyst IV FTE in fiscal year 2026 and $1,605,286 from the General Revenue Fund ($1,777,748 from All Funds) and 1.0 System Analyst IV FTE in fiscal year 2027 to implement the necessary modifications related to HHSC's TULIP system and implement the technological components of this bill. HHSC assumes of the technology costs, $1,097,354 from the General Revenue Fund ($1,625,154 from All Funds) are one-time expenditures and would not continue beyond fiscal year 2026.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission
302 Office of the Attorney General, 304 Comptroller of Public Accounts, 529 Health and Human Services Commission
LBB Staff: b > td > JMc, NPe, ER, LBl, NV
JMc, NPe, ER, LBl, NV