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