LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session April 6, 1995 TO: Honorable John Whitmire, Chair IN RE: Senate Bill No. 494 Committee on Criminal Justice By: Bivins Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on Senate Bill No. 494 (relating to the imposition of a lien on certain persons convicted of criminal offenses to secure payment of restitution, fines, or costs) 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 imposition of a lien on certain individuals for payment of restitution, fines, and costs. An affidavit to perfect a lien would be filed with the Department of Transportation, Secretary of State or the county clerk, in which the crime was committed, the defendant resides, or the property is located. The Secretary of State estimates approximately 2.6 million filings and approximately 250,000 release filings. A filing fee of $25 would be required as a condition for the filing of an affidavit. The state or a political subdivision would be exempt from remitting a fee. If filed with the Secretary of State or the Department of Transportation, the fee would be deposited to the General Revenue Fund. If filed with a county clerk, the fee would be deposited to the county treasury. Department of Transportation estimates indicate revenue of approximately $2.6 million annually. Filing revenues with the Secretary of State or county clerks cannot be determined. 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 Cost to Probable Cost Out Change in Year Secretary of State to Department of Number of State Out of Transportation Employees from General Revenue out of FY 1995 Fund 001 State Highway Fund 006 1995 $0 $3,002,906 1.0 1996 7,300,230 888,137 195.0 1997 4,778,805 672,104 195.0 1998 4,778,805 662,504 195.0 1999 4,778,805 662,504 195.0 2000 4,778,805 662,504 195.0 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. The fiscal implications to units of local governments cannot be determined. Source: Secretary of State, Department of Transportation LBB Staff: JK, ML, RR