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