LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          March 13, 1995



 TO:     Honorable John Whitmire, Chair         IN RE:  Senate Bill No. 440
         Committee on Criminal Justice                  By: Montford
         Senate
         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.

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)
                                    
                                    
                                    

        
       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:   Office of the Attorney General, Court of Criminal
Appeals
          LBB Staff: JK, DC, GG, RR