LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
February 19, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB260 by Gallego (Relating to providing the governor
with sole discretion to commute punishment in capital
cases.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB260, As Introduced: negative impact of $(274,490) through the *
* biennium ending August 31, 2003. *
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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 *
* 2002 $(142,245) *
* 2003 (132,245) *
* 2004 (132,245) *
* 2005 (132,245) *
* 2006 (132,245) *
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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 2001 *
* 0001 *
* 2002 $(142,245) 2.0 *
* 2003 (132,245) 2.0 *
* 2004 (132,245) 2.0 *
* 2005 (132,245) 2.0 *
* 2006 (132,245) 2.0 *
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Fiscal Analysis
The bill would amend the Code of Criminal Procedure by giving the
governor the ability to grant a commutation of punishment to life
without parole if the defendant has been sentenced to death. Under
current law the governor is authorized to grant clemency in a criminal
case only after receiving a written signed recommendation to do so from
the Board of Pardons and Paroles.
Methodology
The cost of implementing this bill is based on the cost of the Office of
the Governor hiring an attorney and a legal assistant to fulfill the
additional responsibilities required by this proposal.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 696 Texas Department of Criminal Justice, 307
Secretary of State, 301 Office of the Governor
LBB Staff: JK, JC, GG