LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session April 21, 1997 TO: Honorable Keith Oakley, Chair IN RE: House Bill No. 456 Committee on Public Safety By: Rodriguez House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB456 ( Relating to the creation of an offense for the acquisition of a handgun by a person while under an active protective order and the inclusion of information relating to protective orders in the computerized criminal history system maintained by the Department of Public Safety.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB456-As Introduced Implementing the provisions of the bill would result in a net negative impact of $(522,545) to General Revenue Related Funds through the biennium ending August 31, 1999. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Fiscal Analysis The bill would amend the Penal Code by creating the offense of obtaining a handgun while under a protective order. The bill would require the Department of Public Safety (DPS) to create a new data base in the criminal history computer system and maintain information concerning protective orders. The bill would also require the Texas Department of Criminal Justice (TDCJ) to ensure that information relating to the issuance and dismissal of an active protective order is reported at the time of issuance or dismissal. The bill would take effect September 1, 1997. Methodolgy In order for the DPS to establish and maintain a database for protective orders, one programmer analyst position would be required to oversee contract programming and to maintain the data base. Professional services of $316,800 would be needed to contract programmers to modify the criminal history computer information system for protective orders. Additionally, one administrative technician would be needed in the Texas Crime Information Center to provide quality control and process an estimated 28,000 protective order inquiries annually. TDCJ would need to reassign a senior programmer/analyst for two months to complete the analysis, coding and testing required to assess the active protective order information from the computerized criminal history maintained by the DPS. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage is estimated as follows: Five Year Impact: Fiscal Year Probable Change in Number Savings/(Cost) of State from General Employees from Revenue Fund FY 1997 0001 1998 ($434,546) 2.0 1998 (87,999) 2.0 2000 (87,999) 2.0 2001 (87,999) 2.0 2002 (87,999) 2.0 Net Impact on General Revenue Related Funds: The probable fiscal implication to General Revenue related funds during each of the first five years is estimated as follows: Fiscal Year Probable Net Postive/(Negative) General Revenue Related Funds Funds 1998 ($434,546) 1999 (87,999) 2000 (87,999) 2001 (87,999) 2002 (87,999) Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. No significant fiscal implication to units of local government is anticipated. Source: Agencies: 405 Department of Public Safety 696 Department of Criminal Justice LBB Staff: CB ,GG ,RS