LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 11, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1726 by Kitchen (relating to the taking of a specimen
from a person arrested for, charged with, or convicted of
certain offenses for the purpose of DNA analysis;
providing penalties.), Committee Report 1st House,
Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1726, Committee Report 1st House, Substituted: negative impact *
* of $(566,374) 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 $(285,187) *
* 2003 (281,187) *
* 2004 (281,187) *
* 2005 (281,187) *
* 2006 (281,187) *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable Revenue Probable Probable Revenue *
* Year Gain/(Loss) from Savings/(Cost) from Gain/(Loss) from *
* Criminal Justice General Revenue Fund Counties *
* Planning Account/ 0001 *
* GR-Dedicated *
* 0421 *
* 2002 $1,806,750 $(285,187) $200,750 *
* 2003 2,400,750 (281,187) 266,750 *
* 2004 2,400,750 (281,187) 266,750 *
* 2005 2,400,750 (281,187) 266,750 *
* 2006 2,400,750 (281,187) 266,750 *
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Fiscal Analysis
The bill would establish a program of taking a blood sample or other
specimen from persons indicted for certain felony offenses, waives
indictment for certain felony offenses, or is arrested for certain
felonies after having been previously convicted or placed on deferred
adjudication for certain offenses, for the purpose of DNA testing and
creating a DNA record.
The bill would establish a court cost of $250 on each conviction or
deferred adjudication of certain felony offenses requiring DNA testing,
or $50 upon conviction of public lewdness or indecent exposure. Ten
percent of this court cost would be retained by the local government with
the remaining ninety percent being forwarded to the Comptroller's Office
for deposit into the Criminal Justice Planning Account. Money in this
account could be appropriated by the Legislature to the Criminal Justice
Division of the Governor's Office to be distributed in grant form to
local law enforcement agencies.
The bill would take effect September 1, 2001.
Methodology
Based on estimates of court cost revenue found in the Biennial Revenue
Estimate and the Annual Report of the Texas Judicial System, the
Comptroller's Office estimates that the $250 court cost would generate
revenue of $1.97 million in fiscal year 2002 and $2.63 million in
subsequent fiscal years. Ten percent of this revenue would be retained
by counties while the remaining 90 percent would be remitted to the state
for deposit into the Criminal Justice Planning Account. The Department
of Public Safety (DPS) estimates that 750 individuals are convicted of
public lewdness or indecent exposure, thus it is estimated that the $50
court cost would generate $37,500 annually.
The Department of Public Safety (DPS) estimates that 5,750 individuals
would be covered by this bill annually. The specimens would be sent by
DPS to a contract lab for analysis at $30 per specimen for a total cost
of $172,500. Supplies required for each sample to be obtained, mailed,
recorded and controlled would be $7 per sample for a total cost of
$40,250. 1.5 additional personnel would be required to process the
specimens and enter the information into the database, as well as perform
quality control checks on analyses completed by the contract laboratory.
Salaries for these individuals would be $48,519 with associated
personnel benefits of $13,721 each fiscal year. Operating expenses would
run $6,197 each year. There would be a one-time cost for training of
$4,000 in fiscal year 2002.
Source Agencies: 405 Texas Department of Public Safety, 304
Comptroller of Public Accounts
LBB Staff: JK, JC, DG