According to the Legislative Budget Board (LBB), HB 1403 is not expected to have a significant fiscal impact on the state budget. The bill's implementation, restricting the Department of Family and Protective Services (DFPS), the Health and Human Services Commission (HHSC), and contracted child-placing agencies from requiring or misusing firearm-type information in foster homes, can be managed within existing appropriations. This means no new staffing, infrastructure, or significant resource allocations are anticipated for these agencies to comply with the new mandates.

Although the bill authorizes civil penalties of up to $5,000 per violation and empowers the Attorney General to pursue enforcement actions, the revenue impact from these fines is indeterminate. There is no reliable estimate for how frequently violations might occur or be prosecuted, so any revenue gain to the state from fines is speculative at this stage.

Additionally, there is no expected fiscal implication for local governments. The bill does not impose requirements or responsibilities on county or municipal entities, and thus, it should not impact their budgets or operations.

HB 1403 represents a targeted reform designed to protect the privacy rights of foster parents in Texas while preserving essential safety standards for children placed in agency foster homes. The bill responds to growing concerns that requirements to disclose the specific types of firearms in a foster household can create a chilling effect on families considering participation in the foster care system. By limiting disclosure to whether firearms are present, without requiring type-specific details, the legislation aims to strike a careful balance between the state's interest in child welfare and the constitutional rights of foster caregivers.

The bill is narrowly crafted and does not expand government authority or create new regulatory frameworks. It explicitly prohibits the Health and Human Services Commission (HHSC), the Department of Family and Protective Services (DFPS), and contracting child-placing agencies from collecting or acting on firearm-type data beyond verifying the existence of firearms in the home. It further enshrines confidentiality protections for such information and establishes a civil penalty mechanism for violations. Notably, the bill requires no new rulemaking authority, indicating its implementation will rely on existing administrative structures.

From a fiscal perspective, the legislation has minimal financial impact. According to the Legislative Budget Board, any administrative or enforcement costs incurred by HHSC, DFPS, or the Attorney General's office can be absorbed within current appropriations. The potential revenue from civil penalties is considered indeterminate and likely minimal, and there are no projected effects on local government budgets.

Overall, HB 1403 upholds individual liberty, privacy, and limited government by ensuring that foster parents are not subject to excessive state scrutiny regarding lawful gun ownership. It maintains child safety protocols while alleviating concerns that gun disclosures might deter qualified foster families. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 1403.

• Individual Liberty: The bill directly enhances individual liberty by protecting the Second Amendment rights of foster parents. It ensures that government agencies and contracted child-placing organizations cannot mandate the disclosure of specific types of firearms within a foster home. This guards against undue surveillance and overreach that could infringe on lawful gun ownership, a constitutionally protected right. It also reinforces the personal privacy of foster families, particularly those who may otherwise be discouraged from serving due to invasive firearm-related disclosures.
• Personal Responsibility: By maintaining that foster parents are not required to report or update the government on the types of firearms they possess, the bill presumes that foster families can be trusted to store and manage firearms responsibly. It affirms the notion that adults should be accountable for their own conduct and safety measures without needing excessive oversight or documentation from the state.
• Free Enterprise: Although this bill does not primarily address economic issues, it benefits the free enterprise system indirectly by reducing liability exposure and regulatory burdens on private child-placing agencies. By clearly defining what information may be collected or used, it creates a more predictable operating environment for these agencies, helping them recruit and retain foster homes without fear of violating privacy boundaries.
• Private Property Rights: The bill recognizes the sanctity of private property, reaffirming that what a person owns inside their home, including legally owned firearms, should not be subject to mandatory reporting or cataloging by the government. It restricts the use of any firearm-related information to simply confirming whether firearms are present, thereby preventing data misuse and reinforcing the idea that citizens retain dominion over their possessions unless a compelling and specific public interest requires otherwise.
• Limited Government: The bill embodies the principle of limited government by curbing the regulatory reach of DFPS, HHSC, and child-placing agencies. It prevents these entities from collecting, using, or disclosing firearm-related information beyond the minimum necessary for child safety. It also establishes civil penalties for misuse, holding government contractors accountable while limiting state power. Importantly, the bill creates no new regulatory frameworks, rulemaking authority, or bureaucratic programs.

• SB 1524 (Same As)