LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session May 31, 1997 TO: Honorable Bob Bullock Honorable James E. "Pete" Laney Lieutenant Governor Speaker of the House Senate Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on HB2272 ( relating to certain court costs a person convicted of certain offenses is required to pay and to the establishment of the fugitive apprehension account; making appropriations.) this office has detemined the following: Biennial Net Impact to General Revenue Funds by HB2272-Conference Committee Report Implementing the provisions of the bill would result in a net impact of $0 to General Revenue Related Funds through the biennium ending August 31, 1999. Appropriations: The bill would appropriate the following amounts: Fiscal Year Appropriation out of New - GR Dedicated Fugitive Apprehension Account NEW-DED 1998 $10,398,038 1999 15,648,833 Fiscal Analysis The bill would add court costs for special services to the Code of Criminal Procedure, specifying amounts, collection/remittance procedures, and allocations to be made by the Comptroller. If legislation establishing a Center for the Study and Prevention of Juvenile Crime and Delinquency at Prairie View A&M University is enacted, each fee imposed for special services would increase by 25 cents. In addition, a new five dollar court fee would be imposed on persons convicted of a felony or misdemeanor, including criminal violations of municipal ordinances, but excluding parking and pedestrian violations. Each quarter, custodians of county or municipal treasuries would be required to report and remit funds collected. Funds would be deposited into a new general revenue dedicated account, the Fugitive Apprehension Account, from which the legislature could appropriate funds to defer costs of apprehending certain fugitives and pay costs of incarceration. Local units of government could retain 10 percent of funds collected. Methodolgy Records from the Office of Court Administration and Comptroller were used to determine the number of convictions on which the five dollar fee would be charged. Adjustments were made to account for uncollectible fees, and to reflect the lag in collections due to quarterly reporting in fiscal year 1998. No estimate is included of revenue generated by increased court costs for special services; the amount is expected to be insignificant. For the same reason, no estimate is included for the 25 cent increase earmarked for the proposed study facility at Prairie View A&M University. The Department of Public Safety (DPS) estimates costs for apprehending individuals targeted by the bill would include staff (an additional 27 FTEs), equipment and other operating expenses. As a result of expanded apprehension efforts by DPS, estimated incarceration costs to the Texas Department of Criminal Justice are included. The probable fiscal implications of implementing the provisions of the bill during each of the first five years following passage are estimated as follows: Five Year Impact: Fiscal Year Probable Revenue Probable Change in Number Gain/(Loss) from Savings/(Cost) of State New - GR from New - GR Employees from Dedicated Dedicated FY 1997 Fugitive Fugitive Apprehension Apprehension Account Account NEW-DED NEW-DED 1998 $11,619,000 ($10,398,038) 27.0 1998 17,342,000 (15,648,833) 27.0 2000 17,342,000 (15,648,833) 27.0 2001 17,342,000 (15,648,833) 27.0 2002 17,342,000 (15,648,833) 27.0 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 $0 1999 0 2000 0 2001 0 2002 0 Similar annual fiscal implications would continue as long as the provisions of the bill are in effect. Local county jails would incur additional incarceration costs, but costs would vary due to factors such as jail operating costs and locations where violators might be apprehended. The DPS estimates the bill could provide approximately $558,000 each year to local law enforcement agencies providing assistance to the DPS fugitive apprehension unit. The Comptroller estimates that local units of government would retain $1.3 million in fiscal 1998 and $1.9 million in each fiscal year thereafter. As a result, the net impact of the bill to local governments is expected to be insignificant. Source: Agencies: 304 Comptroller of Public Accounts 405 Department of Public Safety 696 Department of Criminal Justice LBB Staff: JK ,BB ,JN ,BP