LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session March 28, 1995 TO: Honorable Edmund Kuempel, Chair IN RE: House Bill No. 2130 Committee on State Recreational By: Grusendorf Resources House of Representatives Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on House Bill No. 2130 (Relating to suits for recovery of value of certain species and collection of restitution after judgment.) 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 would allow the Texas Department of Parks and Wildlife to contract with a private attorney to bring lawsuits to recover the value of species unlawfully killed, caught, taken, possessed, or injured, or to collect restitution after judgment. Currently, only a county attorney or the attorney general can sue for wildlife restitution. Since fiscal year 1980, 16,016 violators have been assessed a total of $4.6 million. Of that amount, only $1,037,322 has been collected, leaving a balance due of $3,574,122. A contract with a private attorney for the collection of restitution could potentially result in increased revenue to Account 009. The amount of the gain would be reduced by the fee paid to a private attorney. Because the amount that would be collected and the fee that would be paid is not known and cannot be projected, the revenue gain cannot be determined. Assuming that the Texas Parks and Wildlife Department would choose to contract with private attorneys, the bill could reduce the workload of the Office of the Attorney General. There are approximately 30 restitution cases on the docket of the Natural Resources Division of the Attorney General's Office. No fiscal implication to units of local government is anticipated. The fiscal implication to the State cannot be determined. Source: Office of the Attorney General, Parks and Wildlife Department LBB Staff: JK, PVT, DF