According to the Legislative Budget Board (LBB), SB 438 is not expected to result in any significant fiscal impact to the State of Texas. The bill’s implementation would involve minor administrative adjustments to expand confidentiality protections for administrative law judges (ALJs), but these changes are anticipated to be manageable within the existing operational capacity of relevant agencies, such as the State Office of Administrative Hearings (SOAH).

The LBB further notes that there would be no significant fiscal implications for local governments. Although the bill does affect confidentiality in local property tax appraisal records through amendments to the Tax Code, any related administrative updates by local appraisal districts or other taxing entities are expected to be minimal and absorbable within their current budget structures.

In essence, the bill enhances data privacy without requiring new expenditures, systems, or personnel. It leverages existing legal frameworks for confidentiality and extends them to a new class of individuals (SOAH ALJs) with negligible operational or financial burden to state or local entities.

SB 438 addresses a key gap in Texas’s public information law by extending vital confidentiality protections to current and former administrative law judges (ALJs) of the State Office of Administrative Hearings (SOAH). These ALJs are responsible for adjudicating a wide range of sensitive and high-stakes disputes involving issues such as child abuse, criminal conduct, driver's license suspensions, and professional license revocations. Given the nature of these cases, ALJs can become targets for harassment or threats, yet current Texas law does not grant them the same protections afforded to traditional state or federal judges.

The bill modifies the Government Code and Tax Code to exempt ALJ personal information—including home addresses, phone numbers, Social Security numbers, and family member status—from public disclosure, regardless of whether the judge has opted into existing privacy programs. This proactive approach reflects a commitment to judicial safety and impartiality, promoting a fairer and more secure legal environment for those who serve in quasi-judicial roles.

From a fiscal perspective, the Legislative Budget Board has determined that the bill would not result in significant cost to the state or local governments. Existing resources are sufficient to accommodate the minor administrative adjustments required, making the bill fiscally neutral.

Given the bill’s strong alignment with the principle of individual liberty (through enhanced privacy protections), its neutral impact on limited government and public spending, and its importance in safeguarding fair judicial processes, Texas Policy Research recommends that lawmakers vote YES on SB 438. It is a measured, responsible legislative action that strengthens judicial independence without expanding government authority or incurring new costs.

• Individual Liberty: The bill significantly advances individual liberty by protecting the personal privacy and physical safety of administrative law judges (ALJs) at the State Office of Administrative Hearings (SOAH). These individuals often preside over sensitive case, ranging from child abuse and neglect to professional licensing and tax disputes, which can lead to personal threats or harassment. By shielding their home addresses, contact details, and information about family members from public disclosure, the bill recognizes the right of public officials to personal security and privacy. These protections allow ALJs to perform their duties without undue fear of retaliation, a core component of ensuring both liberty and justice.
• Personal Responsibility: The bill does not affect the principle of personal responsibility in a meaningful way. ALJs remain fully accountable for their judicial conduct and decisions. The confidentiality provisions serve only to protect personal identifying information from public access, not to shield professional actions from review or redress.
• Free Enterprise: There is no direct impact on free enterprise. The bill does not regulate business, impose compliance burdens, or alter the market environment. However, by safeguarding the impartiality and safety of administrative adjudicators, it indirectly contributes to a stable legal environment that benefits businesses that rely on fair, predictable regulatory and licensing processes.
• Private Property Rights: The bill amends the Tax Code to prevent disclosure of ALJs’ home addresses in appraisal records, but this does not impair property rights or alter tax obligations. It ensures that the ownership and use of private property remain unaffected while increasing the privacy of a specific group of individuals.
• Limited Government: The bill supports limited government by applying a narrowly tailored, consistent confidentiality policy to an additional category of public servants. It does not create new government programs, authorities, or spending mandates. Instead, it simply extends existing statutory protections (already provided to other judicial officials and law enforcement personnel) to ALJs, promoting administrative consistency and reducing ambiguity in public information law. Moreover, the bill does not impose any new burdens on the public or businesses, nor does it interfere with legitimate oversight or transparency in governmental operations.