LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
March 30, 1999
TO: Honorable Ken Armbrister, Chair, Senate Committee on
Criminal Justice
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB365 by Brown, J. E. "Buster" (Relating to the
continuation and the functions of the Texas Department of
Criminal Justice, the administration of the Private
Sector Prison Industries Oversight Authority, and the
administration of the Texas Council on Offenders with
Mental Impairments.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB365, As Introduced: positive impact of $29,732,476 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 $14,866,238 *
* 2001 14,866,238 *
* 2002 14,866,238 *
* 2003 14,866,238 *
* 2004 14,866,238 *
****************************************************
All Funds, Five-Year Impact:
***********************************************************************
*Fiscal Probable Probable Probable Probable Change in *
* Year Savings/ Savings/ Revenue Revenue Number of *
* (Cost) from (Cost) from Gain/(Loss) Gain/(Loss) State *
* General General from from Employees *
* Revenue Revenue General Industrial from FY 1999 *
* Fund Fund Revenue Revolving *
* 0001 0001 Fund Account/ *
* 0001 GR- *
* Dedicated *
* 0156 *
* 2000 $(675,762) $1,040,000 $14,502,000 23.0 *
* $(14,502, *
* 000) *
* 2001 (675,762) 1,040,000 14,502,000 23.0 *
* (14,502,000) *
* 2002 (675,762) 1,040,000 14,502,000 23.0 *
* (14,502,000) *
* 2003 (675,762) 1,040,000 14,502,000 23.0 *
* (14,502,000) *
* 2004 (675,762) 1,040,000 14,502,000 23.0 *
* (14,502,000) *
***********************************************************************
Fiscal Analysis
The bill would amend Chapters 492 and 493, Government Code, to continue
the Texas Board of Criminal Justice and Texas Department of Criminal
Justice (TDCJ) for 12 years, and to set the date for the next Sunset
review as September 1, 2011.
The bill would abolish GR-Dedicated Industrial Revolving Account No. 156,
which would remove dedication from the account and would require
receipts from the sale of Texas Correctional Industries articles and
products to be deposited as undedicated to the General Revenue Fund 001.
Under provisions of the bill, TDCJ's Texas Correctional Industries (TCI)
could continue to use appropriated money in amounts corresponding to
receipts from the sale of TCI articles and products.
Under provisions of the bill, a judge would no longer be required to
direct local community supervision and corrections departments to
complete a postsentence report in a felony case. The judge would maintain
the authority to direct completion of postsentence reports at his/her
discretion.
The bill would require judges to set fees for payment of residential
aftercare by offenders on community supervision that are released from
substance abuse felony punishment facilities. The language of the bill
does not specify to whom the fees would be paid. The fee amounts are
determined by the judge with specific limitations as cited in the bill's
provisions.
The bill would extend the requirement for work program record-keeping and
documentation to an additional 49 TDCJ correctional units such as
transfer facilities, state jails, contract prisons, and substance abuse
felony punishment facilities. TDCJ would need additional correctional
unit staff and related operating expenses to address the expanded
responsibilities.
Methodology
* The Comptroller of Public Accounts estimates a $14,502,000 gain to
General Revenue Fund 001 as a result of removing the dedication of the
Industrial Revolving Account No. 156.
* Eliminating the requirement for judges to order the completion of
postsentence reports would reduce costs to 122 local community
supervision and corrections departments (CSCDs). Based on an annual
distribution of $4,951,700 to CSCDs from TDCJ for both presentence and
postsentence reports, and assuming approximately 21 percent of reports
are postsentence and would no longer be court-ordered, it is estimated
$1,040,000 in reduced costs would occur per fiscal year. To the extent
judges would continue to order the completion of postsentence reports by
CSCDs, respective costs would remain.
* The Sunset Advisory Commission estimates $703,180 per fiscal year
would be generated as a result of provisions of the bill that require
judges to set fees for payment of residential aftercare by offenders on
community supervision that are released from substance abuse felony
punishment facilities. Because language of the bill does not specify to
whom the fees would be paid, the Comptroller of Public Accounts indicates
there is no mechanism to reduce any costs to the state for providing
residential aftercare; therefore, any collected fees would go to the
local judicial districts.
* The Sunset Advisory Commission estimates a cost of $675,762 per
fiscal year to TDCJ for additional staff and related expenses due to the
bill's provisions that extend the requirement for work program
record-keeping and documentation to an additional 49 TDCJ correctional
units. Sunset estimates that by grouping units together by geographical
area and unit size, and using staff from nearby prison units, the added
responsibilities could be handled by 23 additional employees.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies:
LBB Staff: JK, MD, JN