LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                           May 1, 1995



 TO:     Honorable Allen Place, Chair           IN RE: Committee Substitute
         Committee on Criminal Jurisprudence                  for Senate
         House of Representatives               Bill No. 440
         Austin, Texas









FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
440 (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.  Estimates below do not include costs incurred by
counsel for the payment of expert witnesses.


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)  
                     from  General   
                    Revenue Fund 001 
                                     
          1996             $1,204,750
          1997            (1,875,250)
                                     
          1998            (2,645,250)
                                     
          1999            (2,205,250)
          2000            (1,765,250)
                                     
                                     
                                     
       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.

The fiscal implication to  units of local government cannot be
determined.


Source:   Legislative Budget Board
          LBB Staff: JK, BR, RR