LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 18, 1995



 TO:     Honorable John Whitmire, Chair         IN RE: Committee Substitute
         Committee on Criminal Justice          for
         Senate                                                Senate Bill
         Austin, Texas                          No. 494










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.

A uniform filing fee of $5 would be required as a condition for
the filing of an affidavit.   If filed with the Department of
Transportation, the fee would be deposited to the General Revenue
Fund. If filed with the Secretary of State, the fee would be
deposited to the Statutory Filing Fund to defray the cost of
administration of the section.  If filed with a county clerk, the
fee would be deposited to the county treasury.

The cost or revenue to the Secretary of State associated with
implementation of the provisions of the bill cannot be    




determined.  However, the filing fee should be sufficient to
defray any cost to the Secretary of State.  Filing revenues with
the 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 Revenue   Probable Cost Out      Change in    
             Year       Gain to              out of        Number of State 
                    General Revenue       State Highway     Employees from 
                        Fund 001            Fund 006           FY 1995     
                                                                           
          1995                     $0                  $0                .0
          1996                521,875             784,286              14.0
                                                                           
          1997                521,875             578,023              14.0
                                                                           
          1998                521,875             575,623              14.0
          1999                521,875             575,623              14.0
                                                                           
          2000                521,875             575,623              14.0
                                                                           
                                                                           
                                                                           
       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