89th Legislature Regular Session

HB 3748

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3748, introduced by Representative Manuel, amends the Texas Human Resources Code by adding Section 40.084, which authorizes the Department of Family and Protective Services (DFPS) to reimburse employees or former employees for the loss of or damage to personal property. This reimbursement is applicable when the loss or damage is caused by a DFPS client and occurs during the course and scope of the employee’s official duties.

The bill explicitly states that reimbursements must be made using existing departmental resources. This provision ensures that no new funding or appropriations are required, thereby minimizing fiscal impact while still providing a form of support to DFPS personnel. By limiting reimbursements to situations where the damage is linked to client interactions and official job functions, the bill aims to establish reasonable and clear boundaries for eligibility.

The purpose of this legislation is to protect the personal interests of DFPS staff—who often work in unpredictable or hazardous environments—by shielding them from bearing the financial burden of job-related incidents that result in property loss. The measure reflects a recognition of the risks involved in frontline protective services and seeks to promote a more supportive work environment without expanding government authority or introducing additional costs to taxpayers.
Author
Christian Manuel
Sponsor
Royce West
Co-Sponsor
Cesar Blanco
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3748 is anticipated to have no significant fiscal impact on the State of Texas. According to the LBB's fiscal note, the Department of Family and Protective Services (DFPS) would be authorized to reimburse current or former employees for personal property loss or damage caused by clients during official duties, but it must do so using existing departmental resources​.

This fiscal constraint is critical: the bill does not create a new funding stream or require an increase in appropriations. Instead, it allows the agency flexibility within its current budget to make discretionary reimbursements. The assumption underlying the fiscal analysis is that any resulting costs will be manageable and absorbed within DFPS’s existing appropriations and operational structure.

Additionally, HB 3748 is not expected to create any fiscal impact for local governments. Since the bill deals strictly with internal agency operations and state-level employee reimbursement, it does not impose any mandates, costs, or obligations on municipalities, counties, or other local entities​.

In summary, while the bill grants a new authority to DFPS, it is narrowly tailored and fiscally neutral, presenting a low-risk policy adjustment from a budgetary perspective.

Vote Recommendation Notes

HB 3748 offers a practical, compassionate, and fiscally responsible solution to a recurring problem faced by frontline employees of the Department of Family and Protective Services (DFPS). These employees often operate in difficult, emotionally charged, and at times physically volatile environments, putting their personal property at risk while serving some of Texas’s most vulnerable populations. The bill responds to a real gap in existing policy—currently, there is no mechanism for reimbursing staff when their personal items are lost or damaged during interactions with clients, placing a financial burden on workers already under stress​.

The bill’s authorization for DFPS to reimburse affected employees using existing resources is a targeted measure. It avoids unnecessary expansion of government or new fiscal obligations while providing fair and reasonable support to public servants. Importantly, the Legislative Budget Board projects no significant fiscal impact to the state, reinforcing that the measure is aligned with principles of limited government and prudent stewardship of taxpayer funds​.

From a liberty-based evaluation, HB 3748 aligns with several key principles: it protects individual liberty and private property rights by shielding DFPS employees from bearing personal financial losses due to job-related incidents; it promotes personal responsibility by balancing support for employees with clear boundaries on eligibility; and it respects limited government by not requiring new funds or rulemaking authority. The bill neither interferes with free enterprise nor imposes on local jurisdictions.

In sum, HB 3748 is a modest but meaningful reform. It helps safeguard public employees in a fiscally sound manner and addresses a documented need without expanding state authority or cost. Texas Policy Research recommends that lawmakers vote YES on HB 3748.

  • Individual Liberty: HB 3748 upholds individual liberty by protecting the personal property interests of DFPS employees who face risk while carrying out essential state functions. When workers experience damage or loss of personal items (e.g., phones, glasses, clothing) during client interactions, especially in volatile environments, it creates a financial hardship that can infringe on their autonomy and well-being. By allowing discretionary reimbursement, the state recognizes and affirms the personal dignity and rights of its employees without expanding legal obligations or entitlements.
  • Personal Responsibility: The bill strikes a thoughtful balance between institutional support and personal accountability. Reimbursement is not guaranteed—it is contingent upon agency discretion and budgetary feasibility. This preserves the responsibility of both the agency to act judiciously and the employee to exercise care with their property. It avoids creating dependency or blanket guarantees, reinforcing the principle that government support should be limited, purposeful, and responsive to demonstrated needs.
  • Free Enterprise: HB 3748 has a neutral impact on free enterprise. It neither regulates nor distorts private markets. However, by potentially improving DFPS employee morale and retention, it supports the internal efficiency of the state’s protective services workforce. A more stable and supported DFPS indirectly contributes to a well-functioning civil society, which in turn underpins a healthy economic environment.
  • Private Property Rights: The bill affirms and protects the property rights of public employees. It acknowledges that even in the course of public service, personal property is valuable and worthy of protection. When that property is harmed due to job-related duties, this policy offers a mechanism for redress. It sends a message that the state will not disregard the rights of individuals simply because they are employed in public service.
  • Limited Government: HB 3748 is a model of limited government in action. It does not create new programs, expand regulatory reach, or appropriate new funds. Instead, it allows DFPS to act within its existing budget and discretion. The bill avoids mandates and bureaucracy, maintaining a light and focused statutory footprint. It empowers administrative judgment without encroaching on legislative authority or taxpayer resources.
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