LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 5, 1999
TO: Honorable Ken Armbrister, Chair, Senate Committee on
Criminal Justice
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB424 by Turner, Bob (Relating to the distribution of
money to certain counties for the payment of
extraordinary costs of prosecution.), As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB424, As Engrossed: negative impact of $(66,264,000) 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 Net Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $(33,132,000) *
* 2001 (33,132,000) *
* 2002 (33,132,000) *
* 2003 (33,132,000) *
* 2004 (33,132,000) *
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All Funds, Five-Year Impact:
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*Fiscal Probable Probable Revenue Change in Number of *
* Year Savings/(Cost) from Gain/(Loss) from State Employees from *
* General Revenue Fund Counties FY 1999 *
* 0001 *
* 2000 $(33,132,000) $33,132,000 0.0 *
* 2001 (33,132,000) 33,132,000 0.0 *
* 2002 (33,132,000) 33,132,000 0.0 *
* 2003 (33,132,000) 33,132,000 0.0 *
* 2004 (33,132,000) 33,132,000 0.0 *
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Technology Impact
None.
Fiscal Analysis
This bill as engrossed requires the Governor's Criminal Justice Division
to provide grants to eligible counties that incur costs for the
investigation and prosecution of capital murder cases. Counties with a
budget deficit, and counties with a budget surplus where the cost of
adjudicating capital murder cases exceeds 5 percent of the budget
surplus. For counties with budget deficits, all actual costs related to
investigating and prosecuting capital murder cases may be reimbursed with
a grant. For counties with a budget surplus, the amount of the grant is
limited to 5 percent of the budget surplus. Counties with balanced
budgets are not eligible for these grants.
Based on the number of capital murder cases filed in Texas in fiscal year
1998, and the average cost of investigating and prosecuting a capital
murder, annual grants to eligible counties would total $33,132,000.
This amount exceeds the funds available to the Governor's Criminal
Justice Division from annual revenues deposited to General Revenue Funds
- Dedicated, the Criminal Justice Planning Account #421. Without
additional appropriations, the Governor's Criminal Justice Division does
not have adequate funding available for these grants.
Methodology
In fiscal year 1998, 502 capital murder cases were filed in Texas.
Assuming that one-third of the state's 254 counties have either a budget
deficit or a budget surplus where the costs of capital murder cases
exceed 5 percent of the surplus, funding could be requested for as many
as 166 cases. According to the Office of Court Administration, the
average cost for investigating and prosecuting a capital murder case is
$200,000. As a result, the estimated cost of implementing the
provisions of this bill is $33,132,000.
Local Government Impact
This bill would provide eligible counties with reimbursement for all or a
portion of the costs incurred for investigating and prosecuting capital
murder cases.
Source Agencies: 304 Comptroller of Public Accounts, 308 State
Auditor's Office, 301 Office of the Governor
LBB Staff: JK, MD, PH, ZS