LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
April 9, 1999
TO: Honorable Florence Shapiro, Chair, Senate Committee on
State Affairs
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB29 by Shapiro (relating to the civil commitment of
sexually violent predators; providing a penalty),
Committee Report 1st House, Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB29, Committee Report 1st House, Substituted: negative impact of *
* $(19,939,071) 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:
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* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2000 $(14,436,921) *
* 2001 (5,502,150) *
* 2002 (11,660,303) *
* 2003 (6,947,666) *
* 2004 (8,911,668) *
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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 $(14,436,921) 0.0 *
* 2001 (5,502,150) 111.0 *
* 2002 (11,660,303) 155.0 *
* 2003 (6,947,666) 158.0 *
* 2004 (8,911,668) 214.0 *
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Technology Impact
Implementing provisions of the bill would require technology purchases
for a special commitment center to include computer hardware and
software, workstations, printers, and a telephone system. Also,
miscellaneous computer hardware and software purchases would be required
by the Texas Department of Criminal Justice, Texas Department of Mental
Health and Mental Retardation, and the Prison Prosecution Unit.
Fiscal Analysis
The Texas Department of Criminal Justice (TDCJ) would incur costs of
constructing a 96 bed special commitment center (SCC) to implement
provisions of the bill. Also, TDCJ would incur costs for reviewing
offender case files, offender transportation, offender legal
representation, facility security, food service, medical services, and
other operational functions. TDCJ's cost estimates include an additional
29 FTEs per fiscal year.
The Texas Department of Mental Health and Mental Retardation (TDMHMR)
would incur costs for offender assessment, admission services, expert
court testimony, treatment, program management, and other related
services. TDMHMR's cost estimates include an additional 75 FTEs for
fiscal year 2001, with additional FTEs increasing to 174 for fiscal year
2004.
The Prison Prosecution Unit (PPU) estimates costs for creating a special
division as required by the bill to include 8 additional FTEs in fiscal
year 2001, with additional FTEs increasing to 11 for fiscal year 2004.
Other costs for the PPU include court reporters, witness costs, and trial
preparation costs.
Costs related to other state agencies affected by the bill are estimated
to be insignificant.
Methodology
* Assume construction (general revenue funds) of a 96 bed SCC, with 48
beds to be constructed and operational by January 1, 2000, and the
remaining 48 beds in fiscal year 2002.
* Case reviews of offenders for possible commitment would begin
September 1, 2000.
* Commitments to a SCC would begin January 1, 2001, with 15 commitments
added each fiscal year.
* Assume legal representation for offenders impacted by the bill would
be provided by TDCJ inmate legal services.
* Legal costs associated with post commitment proceedings (appeals,
writs of habeas corpus) are included, but costs of any potential
litigation (constitutional, treatment, or confinement issues) are not
included.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 696 Department of Criminal Justice, 655 Texas
Department of Mental Health and Mental Retardation,
304 Comptroller of Public Accounts
LBB Staff: JK, SD, JN