LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
March 1, 1999
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB245 by Gallego (Relating to procedures for determining
whether a defendant sentenced to death is incompetent for
purposes of execution.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB245, As Introduced: negative impact of $(6,448,000) through the *
* biennium ending August 31, 2001. *
* *
* The bill would make no appropriation but could provide the legal *
* basis for an appropriation of funds to implement the provisions of *
* the bill. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $(2,960,000) *
* 2001 (3,488,000) *
* 2002 (528,000) *
* 2003 (528,000) *
* 2004 (528,000) *
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All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2000 $(2,960,000) *
* 2001 (3,488,000) *
* 2002 (528,000) *
* 2003 (528,000) *
* 2004 (528,000) *
*****************************************************
Fiscal Analysis
The Court of Criminal Appeals would incur additional costs for
compensating attorneys appointed to represent defendants who, under
provisions of the bill, make an application for relief from execution in
an application for writ of habeas corpus.
Methodology
* It is assumed 85% of defendants sentenced to death will file an
application for relief from execution under provisions provided by the
bill.
* Of the 85% filing applications for relief, it is assumed 98% will be
determined eligible for appointed counsel through the Court of Criminal
Appeals.
* The average cost to the state per application for relief is estimated
to be $16,000.
* It is estimated 445 inmates will be on death row as of September 1,
1999, and an additional 40 offenders per year will be sentenced to death
for a capital offense.
* It is estimated 185 applications for relief would be filed in fiscal
year 2000, 218 in fiscal year 2001, and 33 for each fiscal year
thereafter.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 211 Court of Criminal Appeals
LBB Staff: JK, MD, JN, DG