HB 2433

84(R) - 2015
House Human Services
House Human Services
Health & Human Services

Companion Bill

SB 206

Vote Recommendation

Vote No; Amend
  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Neutral


Cindy Burkett

Bill Caption

Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for HB 2433, Committee Report 1st House, Substituted: a negative impact of ($1,410,607) through the biennium ending August 31, 2017.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

The bill would amend several chapters in the Education Code, Family Code, and Human Resources Code by implementing a portion of the the Sunset Advisory Commission's recommendations concerning the Department of Family and Protective Services (DFPS). The bill would require Child Protective Services to implement an annual business planning process. The bill would also require DFPS to develop a foster care redesign implementation plan and a strategic plan for prevention and intervention services.

The bill would require the executive commissioner to adopt rules governing the license renewal process for all licenses issued under Chapter 42 of the Human Resources Code. The rules must include:

  1. renewal periods;
  2. a process for staggered renewals;
  3. a process for resolving a late application for renewal;
  4. expiration dates; and
  5. conditions for renewal. 

The bill would remove the current child care regulatory fee caps by allowing DFPS to set regulatory fees by rule.

Vote Recommendation Notes

The purpose of the bill is to streamline existing statutory requirements of the Department of Family and Protective Services (DFPS). Whenever a bill incorporates any sunset recommendations, we always want to confirm in our bill analysis that the bill does not abridge any of our liberty principles.

Our objection to HB 2433 is authorizing DFPS to set open ended fees. We would remove our objection to the bill contingent on an amendment to reinstate the cap on license fees. Allowing an open ended cap on state-mandated occupational licensing fees is inconsistent with limited government.

Until HB 2433 is amended to reinstate the cap on license fees, we recommend legislators vote against the bill.