LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 21, 1995



 TO:     Honorable Allen Place, Chair           IN RE: Committee Substitute
         Committee on Criminal Jurisprudence                   for House
         House of Representatives               Bill No. 3
         Austin, Texas









FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No. 3
(Relating to procedures for applying for a writ of habeas corpus
by persons convicted of a felony and procedures for the
compensation and appointment of counsel to represent certain
persons charged with a capital felony.) this office has
determined the following:

The bill would make no appropriation but could provide the legal
basis for an appropriation of funds to implement the provisions
of the bill.

The bill provides for state habeas corpus review to proceed
simultaneously with the direct appeal, limits an inmate who
receives the death penalty to one state habeas application, and
provides for the appointment of counsel in state habeas review. 
Costs to the state will be incurred due to the hiring of counsel 
in the state habeas review, however, a corresponding savings will
occur due to the reduction in the amount of time inmates spend on
death row.

This bill takes effect September 1, 1995, but only if the
Comptroller certifies on or before that date that at least
$5,000,000 is appropriated by the General Appropriations Act,
Acts of the 74th Legislature, Regular Session, 1995, for the
fiscal biennium ending August 31, 1997, to the court of criminal
appeals for the purpose of providing compensation and expense to
counsel representing persons under a sentence of death in habeas    




corpus proceedings.

 The probable fiscal implication of implementing the provisions
of the bill during each of the first  five years following
passage is estimated as follows:



            Fiscal       Probable     
             Year   Cost/(Savings) to 
                     General Revenue  
                         Fund 001     
                                      
          1996              $1,204,750
          1997             (1,875,250)
                                      
          1998             (2,645,250)
                                      
          1999             (2,205,250)
          2000             (1,765,250)
                                      
                                      
                                      



       Source:   Office of the Attorney General, Court of Criminal
Appeals
          LBB Staff: JK, BR, RR