89th Legislature

HB 3096

Overall Vote Recommendation
Neutral
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 3096 seeks to designate March 17 as Profound Autism Awareness Day in the state of Texas. The purpose of this commemorative day is to increase public awareness and understanding of individuals diagnosed with profound autism, a subset of the autism spectrum characterized by significant cognitive and communication challenges, often accompanied by lifelong dependency on caregivers.

The bill amends Subchapter C, Chapter 662 of the Texas Government Code by adding Section 662.089. This new section establishes the observance date and provides that the day may be commemorated with appropriate ceremonies and public activities. These activities may include distributing information about available resources and support services for individuals with profound autism and their families, as well as efforts to increase public understanding of the unique needs of this population.

Importantly, HB 3096 does not impose any mandates or require public funding. The observance is optional and symbolic, encouraging voluntary public participation and recognition.

The originally filed version of HB 3096 and the Committee Substitute are nearly identical in purpose and structure, with both bills proposing to designate March 17 as Profound Autism Awareness Day in Texas. However, there is one notable and substantive difference between the two versions: the use of the word “shall” in the originally filed bill versus “may” in the Committee Substitute.

In Section 662.089(b), the filed version states that “Profound Autism Awareness Day shall regularly be observed by appropriate ceremonies and activities,” which implies a prescriptive or expected level of observance. This could be interpreted to mean that the state or relevant entities are expected to recognize the day annually with some level of consistency or formality.

In contrast, the Committee Substitute changes this to: “Profound Autism Awareness Day may be regularly observed by appropriate ceremonies and activities,” which softens the language and clearly makes the observance optional rather than expected. This change aligns with the principle of limited government by ensuring the state does not appear to mandate or require any action, expenditure, or formal observance.

There are no other textual, structural, or substantive differences between the two versions. Both include the same background information about profound autism, describe the purpose of the observance, and have the same effective date.

Author
Charles Cunningham
Sponsor
Bob Hall
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3096 is not expected to have a significant fiscal impact on the state of Texas. The bill designates March 17 as Profound Autism Awareness Day, which is a symbolic designation and does not mandate any specific state-funded programs or activities. As such, the fiscal analysis concludes that any minor administrative costs related to awareness activities or public communications can be absorbed within the existing resources of relevant state agencies.

Similarly, the bill does not impose requirements on local governments or mandate any expenditures by counties, cities, or municipalities. Therefore, the fiscal note anticipates no significant fiscal implications for units of local government either.

In essence, HB 3096 is a low-impact bill in fiscal terms. It creates a framework for voluntary public observance of a commemorative day without triggering new obligations or costs for either state or local entities.

Vote Recommendation Notes

HB 3096 designates March 17 as Profound Autism Awareness Day in Texas. The intent of the legislation is to raise awareness of individuals affected by profound autism, those with the most severe cognitive and communication challenges, while recognizing the unique needs of their caregivers. The bill encourages, but does not require, observance of the day through public ceremonies and informational activities. As amended in committee, the bill softens its language to explicitly make any observance voluntary rather than mandatory.

From a policy standpoint, the bill does not create, expand, or reduce any government powers, programs, mandates, or expenditures. It has no fiscal implications, creates no criminal penalties or enforcement mechanisms, and grants no rulemaking authority. While the bill is socially meaningful and promotes inclusivity for a vulnerable population, its effects are symbolic in nature and do not bear on core liberty principles such as individual liberty, personal responsibility, limited government, private property rights, or free enterprise.

Given its purely ceremonial scope, the bill neither advances nor detracts from the cause of liberty. It does not constrain the rights of individuals, nor does it promote or hinder personal autonomy, economic freedom, or government accountability. Therefore, Texas Policy Research remains NEUTRAL on HB 3096.

  • Individual Liberty: The bill neither enhances nor restricts the rights or freedoms of individuals. It merely acknowledges a specific population (those with profound autism and their caregivers) through the creation of an awareness day. No one’s autonomy is affected, and no liberties are expanded or constrained.
  • Personal Responsibility: While the bill honors caregivers, individuals who exhibit deep personal responsibility, it does not encourage or legislate responsibility itself. It recognizes the actions of others without calling for broader individual accountability or behavioral change.
  • Free Enterprise: The bill does not regulate or interfere with market activity, impose burdens on business, or affect entrepreneurship. While some organizations serving the autism community may benefit indirectly from greater visibility, these effects are incidental and voluntary.
  • Private Property Rights: There is no language or policy in the bill that touches upon ownership, control, or the use of private property. Property rights remain entirely unaffected.
  • Limited Government: The Committee Substitute version clarifies that observance of the awareness day is optional by changing the language from “shall” to “may” be observed. This ensures that the government is not mandating any specific actions or expenditures, maintaining fidelity to limited government principles. However, the designation of commemorative days itself represents a symbolic government action that, while benign, does not further reduce the size, cost, or scope of government.
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