LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 28, 1999
  
  
          TO:  Honorable Teel Bivins, Chair, Senate Committee on
               Education
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB1380  by Shapleigh (Relating to review of criminal
               history records of persons seeking educator certification
               or employment in a public school or persons seeking to
               volunteer in a public school), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB1380, As Introduced:  positive impact of $1,783,674 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                         $(2,352,913)  *
          *       2001                            4,136,587  *
          *       2002                            4,136,587  *
          *       2003                            4,134,817  *
          *       2004                            4,136,587  *
          ****************************************************
  
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 General Revenue Fund        FY 1999        *
*                0001                 0001                               *
*  2000           $(5,952,913)           $3,600,000                 34.0 *
*  2001            (1,113,413)            5,250,000                 34.0 *
*  2002            (1,113,413)            5,250,000                 34.0 *
*  2003            (1,115,183)            5,250,000                 34.0 *
*  2004            (1,113,413)            5,250,000                 34.0 *
**************************************************************************
  
Technology Impact
  
The bill would require a significant expansion of the Automated
Fingerprint Identification System of the Department of Public Safety
(DPS).  Additional technology costs would be limited to personal
computers and associated equipment for new staff.  Total technology
impact is estimated at $4,892,914 during fiscal year 2000.
  
  
Fiscal Analysis
  
The bill would require the State Board for Educator Certification (SBEC)
to obtain, from the FBI and DPS, criminal history information on all
applicants for or holder of an educator certificate.  It would authorize
the Board to collect a fee from the individual.

The bill would also require school districts to obtain from the FBI and
DPS all national and state criminal history information on individuals
the district intends to employ in any capacity as well as individuals
who indicate in writing their intent to serve as a volunteer.  It would
authorize districts to collect a fee from an employee or potential
employee, but not from a volunteer.
  
  
Methodology
  
DPS currently conducts 55,000 criminal history checks per year at the
request of SBEC.  Conducting a national check through the FBI requires
collecting a full set of fingerprints from the individual.  The cost of
conducting the state check is $15; the FBI check costs $25.  SBEC will
charge applicants a fee to offset these costs.

It is estimated that 70,000 record checks for Educator Certification and
170,000 for Independent School Districts would be received the first
year.  This will generate revenue of $3,600,000 ($15 x 240,000) for the
General Revenue Fund.  It is estimated a total of 350,000 fingerprint
cards would be received in subsequent years for a total of $5,250,000
($15 x 350,000) to the General Revenue Fund.

DPS would have to significantly expand the capacity of the Automated
Fingerprint Identification System (AFIS) in order to process, in a timely
manner, the projected number of fingerprint cards that would be required
by the bill.  Costs for additional hardware and storage capacity for
AFIS are estimated at $4,875,806 in fiscal year 2000.

The bill would also require an additional 34 full-time equivalent
employees in DPS to process the record checks and fees: 15 Fingerprint
Technicians III, 6 Data Technicians I, 2 Accounting Clerks III, 3
Administrative Technicians II, 2 Administrative Technicians I, 4 Clerks
III, and two Microfilm Camera Operators II.

For purposes of estimating the impact of Section 2 of the bill, SBEC
estimates that approximately 96,000 educators move from one district to
another each year.  We do not know how many non-educator employees or
volunteers are hired each year.

Based on the experience of other states, approximately 6-10 percent will
leave the profession rather than submit fingerprints.  Currently,
approximately 10 percent of the checks on educators result in a "hit"
that must be investigated by SBEC staff.  Under existing reporting
requirements, superintendents that learn of an educator's criminal
history must report that information to SBEC.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.  Fees collected from applicants and certificate holders
would cover the costs of the record checks.
  
  
Source Agencies:   405   Department of Public Safety
LBB Staff:         JK, CT, VS, RN