89th Legislature Regular Session

SB 1528

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

SB 1528 proposes a narrowly tailored amendment to the Texas Human Resources Code, adding Section 40.084. This new section authorizes the Department of Family and Protective Services (DFPS) to reimburse present or former employees for personal property that is lost or damaged due to actions by a department client, provided the incident occurred during the course and scope of the employee’s official duties. The reimbursement is discretionary and must be made using existing departmental resources.

The bill is designed to offer a limited form of institutional support to DFPS employees who, in the course of their difficult work with vulnerable populations, may occasionally experience damage to personal items such as eyeglasses, clothing, phones, or vehicles. It does not create a new entitlement or liability; instead, it gives the department the ability to offer compensation when deemed appropriate and when financially feasible within its current budget.

Importantly, the legislation contains safeguards to ensure it does not expand the size or cost of government. By requiring the use of existing resources and making the reimbursement permissive rather than mandatory, the bill avoids creating a new fiscal burden for the state. The measure is a modest acknowledgment of the risks inherent in child protection and social services work and aims to help retain and support DFPS staff without increasing regulatory complexity or state spending.

Author
Royce West
Co-Author
Borris Miles
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1528 is expected to have no significant fiscal impact on the State of Texas. The bill permits, but does not require, the Department of Family and Protective Services (DFPS) to reimburse current or former employees for personal property losses caused by department clients during official duties. Crucially, the bill mandates that any such reimbursements must be made using the department’s existing resources, thereby avoiding the need for new appropriations or additional funding mechanisms​.

The assumption underlying this fiscal analysis is that the volume and cost of potential reimbursements will remain low enough to be absorbed within DFPS's current budgetary framework. The bill does not authorize the creation of a new reimbursement fund, nor does it provide a statutory requirement to make payments, ensuring that fiscal exposure is kept minimal and discretionary. This helps preserve the principle of limited government and ensures flexibility in departmental spending.

There is also no fiscal impact expected for local governments, as the policy only applies to state-level employees under DFPS and does not impose any new requirements or cost burdens on counties, municipalities, or other local entities.

Overall, SB 1528 reflects a fiscally conservative approach that enables targeted support for DFPS employees without expanding the size or cost of state government operations.

Vote Recommendation Notes

SB 1528 presents a focused, non-mandatory solution to a common hardship faced by employees of the Department of Family and Protective Services (DFPS), specifically when their personal property is damaged in the course of their duties by agency clients. It authorizes, but does not require, DFPS to reimburse current or former employees for such damage, using existing departmental resources. The bill acknowledges the financial strain placed on state workers, especially lower-wage caseworkers, without creating new obligations or bureaucracy.

Crucially, SB 1528 does not grow the size or scope of government. It introduces no new agencies, programs, or regulatory authorities. The discretion granted to DFPS is administrative in nature and confined to internal operations. The Legislative Budget Board has confirmed there will be no significant fiscal impact, as the bill requires the use of already-appropriated funds. Therefore, it does not increase the burden on taxpayers in any form.

Furthermore, the bill imposes no regulatory burden on individuals or businesses. It creates no mandates, reporting requirements, or restrictions on the public or private sector. Its impact is strictly limited to internal DFPS practices concerning employee reimbursement.

In summary, SB 1528 supports essential public servants in a narrowly tailored, fiscally conservative manner. It aligns with the principles of individual liberty, private property rights, and limited government while safeguarding taxpayer resources and minimizing any risk of administrative overreach. As such, Texas Policy Research recommends that lawmakers vote YES on SB 1528.

  • Individual Liberty: The bill recognizes the personal risk that Department of Family and Protective Services (DFPS) employees face while performing essential duties, such as investigating abuse or managing child welfare cases. By allowing for discretionary reimbursement when personal property is damaged by clients, the state upholds employees' dignity and liberty by reducing undue financial hardship. It affirms their right to perform public service without disproportionate personal loss.
  • Personal Responsibility: Rather than mandating blanket compensation or creating an entitlement program, the bill preserves personal responsibility both for the agency and the employee. DFPS must determine, based on internal policy and available resources, whether reimbursement is appropriate. Employees are still responsible for their conduct and equipment care, and no automatic or guaranteed payments are created.
  • Free Enterprise: The bill does not impact private markets, competition, or economic freedom. However, by potentially improving morale and retention among DFPS staff, it may indirectly stabilize the agency's operations, important in maintaining a functioning safety net that supports economic productivity more broadly. It does not interfere with or subsidize private enterprise.
  • Private Property Rights: The bill respects and acknowledges state employees' ownership of personal property by recognizing their right to restitution when that property is damaged due to state-assigned duties. This reinforces a cultural and legal respect for personal property, even within public-sector employment.
  • Limited Government: The bill carefully avoids expanding the size or cost of government. It expressly requires the use of existing resources and provides discretionary authority rather than a reimbursement mandate. No new programs, taxes, or enforcement structures are created. This is a model of targeted problem-solving that honors the limits of state power.
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