According to the Legislative Budget Board (LBB), HB 2046 is not expected to have a significant fiscal impact on state government. The fiscal note concludes that any administrative costs associated with implementing the bill, such as entering affirmative family violence findings for a broader range of Penal Code offenses, can be absorbed using existing state resources. As a result, the LBB does not anticipate any additional appropriations or significant state expenditures would be required to implement the legislation.

At the local level, the bill could produce a modest positive fiscal impact for publicly funded family violence centers. By expanding the requirement that defendants placed on community supervision for family violence-related offenses pay a $100 fine to a qualifying family violence center beyond offenses under Title 5 of the Penal Code, the bill is expected to increase fine revenue received by those centers. The amount of additional revenue is not estimated, but it would depend on the number of qualifying cases in which courts make an affirmative finding of family violence and grant community supervision.

HB 2046 closes a statutory gap by expanding the requirement that courts enter an affirmative finding of family violence from certain offenses against the person to any Penal Code offense when the court determines that family violence was involved. While the bill does not create a new criminal offense, increase criminal penalties, or alter eligibility for community supervision, it broadens the scope of an existing legal finding that carries collateral consequences in criminal and family law proceedings. The committee bill analysis states that the legislation is intended to ensure family violence findings apply more consistently across offenses committed in the course of domestic abuse.

From a limited-government perspective, however, the bill represents an incremental expansion of state authority. Rather than limiting government power, it extends the circumstances under which the state may impose an affirmative finding of family violence, increasing the reach of an official judicial designation that can affect future legal proceedings. Although the bill relies on existing court processes and does not establish a new agency or grant additional rulemaking authority, it nevertheless broadens the state's exercise of authority without narrowing its application or providing additional limiting principles. This expansion of governmental power outweighs the bill's otherwise modest administrative nature.

The bill also does not meaningfully increase taxpayer costs or the regulatory burden on individuals or businesses. According to the LBB, implementation is expected to be absorbed using existing resources, and no significant fiscal implication to the state is anticipated. Likewise, the bill does not create new licensing requirements, regulatory programs, or compliance obligations.

While HB 2046 seeks to improve consistency in the treatment of family violence cases, it does so by expanding the legal reach of an existing governmental finding rather than by limiting government or improving due process. Texas Policy Research recommends that lawmakers vote NO on HB 2046.

• Individual Liberty: The bill expands the circumstances under which the state may impose an affirmative finding of family violence. Although it does not create new criminal offenses or increase criminal penalties, the expanded finding carries additional legal consequences in future criminal and family law proceedings. This increases the state's authority over individuals by extending an official legal designation to a broader range of offenses.
• Personal Responsibility: The bill neither encourages nor discourages individual responsibility in a meaningful way. It does not create new incentives, subsidies, or government services, nor does it alter the underlying accountability of offenders beyond expanding the applicability of an existing judicial finding.
• Free Enterprise: The bill has no direct effect on businesses, markets, competition, or economic activity. It does not create new regulations, licensing requirements, or barriers to commerce.
• Private Property Rights: The bill does not affect the ownership, use, transfer, or regulation of private property. It contains no provisions related to eminent domain, land use, or property rights.
• Limited Government: Although the bill does not establish a new agency, expand bureaucracy, or require significant taxpayer funding, it increases the scope of governmental authority by broadening when courts must enter an affirmative finding of family violence. From a limited-government perspective, this represents an incremental expansion of state power and the legal reach of an existing governmental finding, even if the fiscal and administrative impacts are minimal. The Legislative Budget Board found no significant fiscal impact to the state, indicating the expansion is one of authority rather than government spending.