LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
March 18, 2001
TO: Honorable Steven Wolens, Chair, House Committee on State
Affairs
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB720 by Dutton (Relating to the creation of a
commission to study capital punishment in Texas and to a
moratorium on executions.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB720, As Introduced: negative impact of $(1,306,120) 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. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $(414,745) *
* 2003 (891,375) *
* 2004 0 *
* 2005 0 *
* 2006 0 *
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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 $(414,745) 3.0 *
* 2003 (891,375) 3.0 *
* 2004 0 0.0 *
* 2005 0 0.0 *
* 2006 0 0.0 *
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Technology Impact
Estimated costs of $16,125 for computer equipment, printers, LAN
connections and programming to support additional staff.
Fiscal Analysis
The bill would create the Texas Capital Punishment Commission to study
capital punishment in Texas. The study would concentrate on issues
relating to the legal representation of inmates in capital cases, the
certainty of the guilt of individuals convicted in capital cases, and
the sufficiency of appellate review of convictions in capital cases.
The Commission would also propose legislation to correct any inequities
in the capital punishment process in the State. The nine members of the
Commission would be entitled to reimbursement for the member's travel
expenses. The Texas Legislative Council, the Legislative Budget Board,
and the Criminal Justice Policy Council would assist the commission in
its duties. The State would not be allowed to execute an inmate on or
after the effective date of the bill and before September 1, 2003. The
Commission would be abolished and the article created by the bill would
expire on January 1, 2003. The bill would take effect September 1,
2001.
Methodology
Travel costs for the Capital Punishment Commission have been estimated
based on current travel costs for the Texas Board of Criminal Justice
which also consists of nine members. The estimated travel costs for the
Board are $10,000 per year for six meetings. Assuming one meeting per
month, the estimated travel costs for the Commission are $20,000 per
year.
Although the legislation does not specify staff for the Commission, three
full-time staff have been included in the cost estimate to facilitate
the Commission's work. The three positions would include one General
Counsel V (B20), one Program Specialist VI (B15), and one Legal Assistant
(B10). Salary costs are estimated at $166,000 in fiscal year 2002 and
$177,288 in fiscal year 2003. Benefits at 28.28 percent of salary costs
are estimated at $46,945 in fiscal year 2002 and $50,137 in fiscal year
2003. Travels costs are estimated at $3,750 per fiscal year. In
addition to the technology costs outlined above, $3,525 are allocated for
office furnishings in fiscal year 2002. It is assumed that the three
agencies directed to assist the commission would provide office space and
cover other operational costs. Estimated costs for additional staff
total $236,345 in fiscal year 2002 and $231,175 in fiscal year 2003.
Over the past four years, there have been 132 executions in the state of
Texas. Using an average rate of 33 executions per year, an average of
16.5 additional inmates would have to be housed during fiscal year 2002
and an average of 49.5 additional inmates would have to be housed during
fiscal year 2003 due to the moratorium on executions. At an average cost
of $40 per day per inmate, the estimated cost to house these inmates
would be $240,900 in fiscal year 2002 and $722,700 in fiscal year 2003.
The avoidable costs of an execution are estimated at $2,500 per
execution. Using an average of 33 executions per year gives an
estimated cost savings of $82,500 in fiscal year 2002 and $82,500 in
fiscal year 2003 due to the moratorium on executions.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 103 Texas Legislative Council, 304 Comptroller of
Public Accounts, 410 Criminal Justice Policy
Council, 696 Texas Department of Criminal Justice,
301 Office of the Governor
LBB Staff: JK, RB, VS