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: *************************************************************************** *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