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