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