LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 3, 2001
  
  
          TO:  Honorable Pat Haggerty, Chair, House Committee on
               Corrections
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB776  by Haggerty (Relating to certain duties imposed on
               the Criminal Justice Policy Council regarding the
               implementation, operation, and maintenance of the
               criminal justice information system.), As Introduced
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB776, As Introduced:  negative impact of $(537,682) 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                           $(284,641)  *
          *       2003                            (253,041)  *
          *       2004                            (482,390)  *
          *       2005                            (175,222)  *
          *       2006                            (268,766)  *
          ****************************************************
  
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                        $(284,641)                             4.0 *
*  2003                         (253,041)                             4.0 *
*  2004                         (482,390)                             5.0 *
*  2005                         (175,222)                             2.0 *
*  2006                         (268,766)                             2.0 *
***************************************************************************
  
Technology Impact
  
Technology impact is estimated at $21,600 in fiscal year 2002 and $5,400
in fiscal year 2004 for computers, printers, LAN connections, and
programming for new staff positions.
  
  
Fiscal Analysis
  
The bill would require the Criminal Justice Policy Council (CJPC) to
coordinate an examination of the records and operations of the criminal
justice information system every two years, rather than every five years
as required by current statute.  The next examination would have to be
reported to the Legislature by January 1, 2003. The CJPC would also be
required to monitor the development of the corrections tracking system to
ensure implementation not later than June 1, 2005.  The CJPC would be
required to develop a plan to encourage local criminal justice agencies
to report criminal history data to the Department of Public Safety and to
evaluate the necessity of imposing sanctions on local criminal justice
agencies that do not report criminal history data.  The CJPC, in
conjunction with the Judicial Committee on Information Technology, would
be required to develop a plan by January 1, 2003 to ensure that any
Internet "portal" system selected by the committee does not interfere
with the courts' ability to submit accurate information in a timely
manner.   Also by January 1, 2003, the CJPC, in conjunction with the
Department of Public Safety, would be required to analyze less expensive
alternatives to the use of Live Scan equipment for submitting
fingerprints electronically; develop audit procedures for reviewing
criminal history data submitted by local criminal justice agencies; and
develop guidelines for submitting criminal history requests to the
Department of Public Safety.

The bill would take effect immediately if it receives a two-thirds
majority of all members in each house.  Otherwise, the bill would take
effect September 1, 2001.
  
  
Methodology
  
Regardless of the effective date, it is assumed the CJPC will not fill
new positions until fiscal year 2002.

The CJPC is currently required to coordinate an examination of the
criminal justice information system every five years.  Since the agency
is scheduled to initiate its next evaluation shortly, no fiscal impact
for fiscal year 2002 is associated with the bill's requirement to
complete an examination every two years.  However under provisions of the
bill, additional examinations would have to be conducted in fiscal years
2004 and 2006.  To support these additional examinations, a Research
Specialist III position (B10) is added beginning in fiscal year 2004.
The State Auditor estimates that its work in conjunction with the
examinations totals approximately 3,000 audit hours.  At a billing rate
of $54.04 per hour, the estimated added costs are $162,120 in fiscal
years 2004 and 2006.

Two Systems Analyst III positions (B12) are needed to address the
monitoring and planning requirements for the corrections tracking system
and the computerized criminal history system.  An Auditor V position
(B13) is needed to develop audit procedures for reviewing criminal
history data.  Plans, audit procedures, and guidelines mandated by this
section must be produced by January 1, 2003.  The section requiring these
activities would expire December 31, 2005, and the three positions would
be discontinued on this date. An Administrative Technician IV position
(A15) is added in fiscal year 2002 to support the additional planning
requirements.  The position is continued beyond December 31, 2005 to
support the more frequent system examination requirements.

Salary cost estimates are based on the midpoint for the salary range for
each position classification.  Startup costs include $5,400 per position
for computer equipment, printers, LAN connections and programming, and
$2,500 per position for office furnishings.  Estimated operating costs,
including travel, total $8,000 per year for technical positions and
$5,000 per year for administrative support.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   405   Texas Department of Public Safety, 313
                   Department of Information Resources, 308   State
                   Auditor's Office, 410   Criminal Justice Policy
                   Council, 696   Texas Department of Criminal Justice,
                   304   Comptroller of Public Accounts, 212   Office
                   of Court Administration
LBB Staff:         JK, JC, JN, VS, SK, DG