LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 75th Regular Session May 8, 1997 TO: Honorable Robert Junell, Chair IN RE: Senate Bill No. 987, As Engrossed Committee on Appropriations By: Moncrief House Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on SB987 ( relating to the use of excess money in the compensation to victims of crime fund) this office has detemined the following: Biennial Net Impact to General Revenue Funds by SB987-As Engrossed 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. Fiscal Analysis The bill would amend the Code of Criminal Procedure to permit the Legislature to use money in the Compensation to Victims of Crime GR-Account 0469 (account) for additional purposes. Through September 1, 1999, the Legislature could appropriate money in the account to state agencies for programs or purposes that provided benefits, services or assistance to victims, guardians of victims, or immediate family members of victims. On or before December 15 of each even-numbered year, and after consulting with the Comptroller, the Attorney General would be required to certify an estimate of the amount that would be received from deposits (other than gifts, grants, donations, and federal funds) to the credit of the account during the next biennium and the amount required to make all payments of awards and other obligations during the next biennium. Also, the Attorney General would be required to certify an estimate of the amount by which the estimated amount of deposits would exceed an amount equal to 115 percent of the amount certified as required to meet all obligations of the account. The amount would be called "excess money." The Attorney General and the Comptroller would be required to cooperate in determining the proper allocation of various sources of revenue deposited to the credit of the account for the purposes of the appropriation of excess money for other crime victim assistance. The Legislature would be permitted to appropriate excess money from the account for a program or purpose that provides benefits, services, or assistance to victims, guardians of victims, or immediate family members of victims. The bill would amend the Government Code and the Code of Criminal Procedures to create a new, dedicated account in the general revenue fund entitled the Fugitive Apprehension Account and direct the Comptroller of Public Accounts, on or before September 1, 1997, to transfer $8 million from the Compensation to Victims of Crime Fund to this new account. The Legislature would be authorized to appropriate funds in the account only for the purpose of paying Department of Public Safety costs for apprehending individuals for whom warrants have been issued by the Department of Criminal Justice, Pardons and Parole Division, or the Board of Pardons and Paroles. The bill would also create the new dedicated DNA Testing Account in the general revenue fund. It would direct the Comptroller to transfer $650,000 from the Compensation to Victims of Crime Fund to the new account, on September 1, 1997. Money in that account could be appropriated only to the University of North Texas for equipment, processing, and personnel for the DNA testing program. Methodolgy The bill would permit the Legislature to appropriate for other specified purposes money determined to be more than sufficient to make payments of awards and other obligations from the Compensation to Victims of Crime Account 469. If there were funds available above 115 percent of the amount certified as required to meet obligations, the Legislature would be permitted to appropriate the amount by which the excess money exceeded 115 percent of the amount certified for the stated purposes. The determination of the excess amount would not begin until the biennium beginning September 1, 1999. There would be no limitation (other than the account balance) on the amount that could be appropriated for the biennium beginning September 1, 1997. 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 Revenue Probable Revenue Probable Revenue Gain/(Loss) from Gain/(Loss) from Gain/(Loss) from Compensation to New - GR New - GR Victims of Crime Dedicated Fugitive Dedicated DNA Account/ Apprehension Testing Account GR-Dedicated Account 0469 NEW-DED NEW-DED 1998 ($8,650,000) $8,000,000 $650,000 1998 0 0 0 2000 0 0 0 2001 0 0 0 2002 0 0 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 No fiscal implication to units of local government is anticipated. Source: Agencies: 304 Comptroller of Public Accounts LBB Staff: JK ,RR ,JC