LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 25, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB31 by McClendon (Relating to the punishment for the
offense of burglary of a vehicle.), Committee Report 1st
House, as amended
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB31, Committee Report 1st House, as amended: negative impact of *
* $(6,718,862) through the biennium ending August 31, 2003. *
* *
* 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 *
* 2002 $(1,614,023) *
* 2003 (5,104,839) *
* 2004 (7,074,832) *
* 2005 (8,236,389) *
* 2006 (8,796,201) *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2002 $(1,614,023) *
* 2003 (5,104,839) *
* 2004 (7,074,832) *
* 2005 (8,236,389) *
* 2006 (8,796,201) *
*****************************************************
Fiscal Analysis
The bill would amend the Penal Code by enhancing the punishment for the
offense of burglary of a vehicle from a Class A misdemeanor to a state
jail felony. Additionally, the bill would make the offense of burglary
of a vehicle punishable as a felony of the third degree if the defendant
has prior convictions for the offense of burglary of a vehicle.
The change in law made by this Act applies only to an offense committed
on or after September 1, 2001.
After 10 years of cumulative impact, the additional demand for state jail
beds from this bill would peak at 510, assuming that the number of
offenders sentenced for this offense would not change in the future. At
$40 per day, the annual cost of either operating facilities or
contracting with other entities for 510 inmates is approximately $7.4
million.
Methodology
For fiscal year 2000 it is estimated that there were 1,640 misdemeanant
probation placements for the offense of burglary of a vehicle. Based on
direct court sentencing trends it is assumed that 337 of the 1,640
placements would be sentenced to state jail. It is also assumed that the
remaining 1,303 placements would be placed under probation supervision.
In order to estimate the future impact of the proposal, the changes
proposed for admission and release policy are applied in a simulation
model, to (1) state jail admissions that reflect the distribution of
offenses, sentence lengths, and time served, and (2) the increase in the
number of people on community supervision. Included in the estimated
costs are projected community supervision operating costs.
Costs of incarceration for state jail facilities are estimated on the
basis of $32.08 per inmate per day, reflecting estimates provided by the
Criminal Justice Policy Council.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 410 Criminal Justice Policy Council
LBB Staff: JK, JC, GG