LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 26, 2001 TO: Honorable Bill Ratliff, Lieutenant Governor Honorable James E. "Pete" Laney, Speaker of the House FROM: John Keel, Director, Legislative Budget Board IN RE: HB588 by Garcia (Relating to the creation of a DNA record for certain persons convicted of a felony; providing penalty), Conference Committee Report ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB588, Conference Committee Report: positive impact of $0 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 $0 * * 2003 0 * * 2004 0 * * 2005 0 * * 2006 0 * **************************************************** All Funds, Five-Year Impact: ************************************************************************** *Fiscal Probable Revenue Probable Change in Number of * * Year Gain/(Loss) from New Savings/(Cost) from State Employees from * * Federal Fund outside New Federal Fund FY 2001 * * of General Revenue outside of General * * Revenue * * 2002 $854,005 $(854,005) 5.0 * * 2003 854,005 (854,005) 5.0 * * 2004 854,005 (854,005) 5.0 * * 2005 854,005 (854,005) 5.0 * * 2006 854,005 (854,005) 5.0 * ************************************************************************** Fiscal Analysis The bill would require all inmates serving a sentence for a felony in the Institutional Division of the Texas Department of Criminal Justice (TDCJ) to submit samples for DNA typing and entry into the Department of Public Safety's (DPS) Combined DNA Index System (CODIS). This bill would apply only to inmates that enter the system on or after September 1, 2001. The bill would take effect on the date on which the director of DPS certifies to the Governor, Lieutenant Governor, and the Speaker that the state has received grants from the federal government in a sufficient amount to pay all the costs to DPS associated with expanding the list of offenses for which samples are taken. Methodology The fiscal note assumes that federal grants would be available to pay for the implementation of the bill. As the grants would need to pay for all costs at DPS for the director of DPS to make a certification, the fiscal note assumes that the level of grants coming in would equal the cost of the program. TDCJ estimates that the bill would increase DNA collection requirements, however any increase would not have a significant fiscal impact on agency operations. DPS estimates that 18,300 samples would be processed in each fiscal year. Five additional personnel would be needed to enter the information from the DNA analysis into DPS systems. The personnel would consist of two CODIS analysts, two CODIS technicians, and one Automated Fingerprint Indexing System technician. Total salary costs for these individuals would be $160,200 per year with associated annual benefits of $45,305. The DNA samples would be outsourced at a cost of $30 per sample resulting in annual costs of $549,000. Operating costs for this program related to sample kits, DNA kits, reagents, glassware and chemical costs are estimated to be $99,500 each fiscal year. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JK, TB, DG