LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  March 4, 1997
         
         
      TO: Honorable John Whitmire, Chair            IN RE:  Senate Bill No. 46, Committee Report 1st House, as amended
          Committee on Criminal Justice                              By: Shapiro
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB46 ( Relating 
to the punishment for certain defendants convicted of assaultive 
offenses, including sexual assault, and for certain offenses 
committed with intent to commit assaults.) this office has detemined 
the following:
         
         Biennial Net Impact to General Revenue Funds by SB46-Committee Report 1st House, as amended
         
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.
         
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 amend the Penal Code and Code 
of Criminal Procedure by changing the conditions for repeat 
and habitual felony offenders to be punished by imprisonment 
in the institutional division for life.  

There is no impact 
on the adult corrections agencies during the first five years 
following the effective date of the bill.  However, after 20 
years of cumulative impact, an additional 400 prison beds will 
be required at an operating cost of $5,475,000 per year.  

The 
reduction of 148 people on parole supervision would result in 
a savings of $134,828 per year in parole operating costs.

Costs 
of incarceration are estimated on the basis of $37.50 per inmate 
per day, reflecting approximate costs of either operating state 
facilities or contracting with other entities.  No costs are 
included for prison construction.  Options available to address 
the increased demand for prison capacity that would result from 
implementation of this bill include construction of new prisons 
and contracting with counties or private entities.  

         
 
          
No significant fiscal implication to units of local government 
is anticipated.
          
   Source:            Agencies:   
                                         
                      LBB Staff:   JK ,CB ,GG