LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                                May 7, 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.), Committee Report
               2nd House, as amended
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB424, Committee Report 2nd House, as amended:  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.                                                             *
**************************************************************************
  
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)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
**************************************************************************
*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 *
**************************************************************************
  
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.

The Criminal Justice Division of the Governor's Office would be required
to implement this bill only if a specific appropriation is provided for
this purpose in the General Appropriations Act.
  
  
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