LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 26, 1999
  
  
          TO:  Honorable Juan Hinojosa, Chair, House Committee on
               Criminal Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2978  by Hamric (Relating to requiring an individual
               convicted of or receiving deferred adjudication for the
               offense of prostitution to undergo certain medical tests
               and to the creation of the offense of engaging in
               prostitution while knowingly infected with certain
               diseases.), Committee Report 1st House, Substituted
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2978, Committee Report 1st House, Substituted:  negative impact     *
*  of $(1,304,701) 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 Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2000                           $(649,387)  *
          *       2001                            (655,314)  *
          *       2002                            (655,314)  *
          *       2003                            (655,314)  *
          *       2004                            (655,314)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
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*Fiscal    Probable Savings/(Cost) from     Change in Number of State     *
* Year         General Revenue Fund           Employees from FY 1999      *
*                      0001                                               *
*  2000                        $(649,387)                             1.0 *
*  2001                         (655,314)                             1.0 *
*  2002                         (655,314)                             1.0 *
*  2003                         (655,314)                             1.0 *
*  2004                         (655,314)                             1.0 *
***************************************************************************
  
Fiscal Analysis
  
The bill would require a person convicted of, or receiving deferred
adjudication for the offense of prostitution, at the direction of the
court, to undergo testing for a sexually transmitted disease, HIV
infection or AIDS.

The bill would allow counties to assess a fee, not to exceed $100, to
offset the costs of testing.
  
  
Methodology
  
The Department of Health estimates that 3,214 persons would be convicted
of or receive deferred adjudication for the offense of prostitution per
year, which would assume either conviction or receipt of deferred
adjudication of 50 percent of persons arrested for the offense.  It is
assumed that all persons either convicted or receiving deferred
adjudication would be required to undergo testing.  It is assumed that
counties accounting for a majority (sixty percent) of the state
population would most likely have resources available to conduct STD and
HIV testing.  It is assumed that counties without such resources would
send samples to the Texas Department of Health for testing.  Numbers in
the table above reflect the estimated costs to conduct testing, add one
laboratory Full-Time Equivalent position and associated costs.
  
  
Local Government Impact
  
Local units of government would incur increased costs to perform the
medical procedures and perform the laboratory tests.  It is assumed that
local units of government without laboratory or hospital facilities
would send test samples to the Texas Department of Health for analysis.
Offsetting revenues could be assessed by the counties for medical
procedures and laboratory analysis.
  
  
Source Agencies:   501   Department of Health
LBB Staff:         JK, MD, KF