LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
Revision 1
March 30, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1745 by Hinojosa (relating to the period during which
a person arrested is required to be taken before a
magistrate and to the appointment and compensation of
counsel to represent indigent persons accused of
crime.), Committee Report 1st House, Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1745, Committee Report 1st House, Substituted: negative impact *
* of $(19,829,000) 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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The fiscal implications in the following table assume an effective date
of January 1, 2002.
General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $(7,889,000) *
* 2003 (11,940,000) *
* 2004 (12,047,000) *
* 2005 (12,154,000) *
* 2006 (12,262,000) *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable Probable Probable Change in *
* Year Revenue Revenue Savings/(Cost) Number of State *
* Gain/(Loss) Gain/(Loss) from New Employees from *
* from General from New General Revenue FY 2001 *
* Revenue Fund General Revenue Dedicated - *
* 0001 Dedicated - Fair Defense *
* Fair Defense Account *
* Account *
* 2002 $(7,889,000) $7,889,000 $(649,600) 5.0 *
* 2003 (11,940,000) 11,940,000 (785,500) 5.0 *
* 2004 (12,047,000) 12,047,000 (522,900) 5.0 *
* 2005 (12,154,000) 12,154,000 (522,900) 5.0 *
* 2006 (12,262,000) 12,262,000 (522,900) 5.0 *
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Technology Impact
The Office of Court Administration indicates that it would outsource
database programming and maintenance associated with the new program.
This estimate assumes that the database will be consistent with
exisiting plans to develop electronic reporting on the part of counties.
This estimate assumes that the start-up costs of outsourcing database
programming and maintenance would be $378,079 annually in fiscal years
2002 and 2003 and that costs for this professional service would cost
$110,000 each year thereafter.
Fiscal Analysis
The bill would establish statewide guidelines for appointing legal
counsel for indigent defendants. The bill would also establish a
standing committee, the Task Force on Indigent Defense (TFID), within the
Texas Judicial Council. The TFID would be composed of 12 members who
meet at least quarterly. The TFID would enforce and develop standards;
and, compile and report information regarding indigent defense. The TFID
would also award grants to eligible counties and monitor and enforce
grant provisions.
The bill would also amend Article 102.075(h) of the Code of Criminal
Procedure to create a new Fair Defense Account. General Revenue Funds
that currently go to the treasury would be dedicated to the Fair Defense
Account, which would be designated as the method of finance for TFID.
Methodology
This estimate assumes that the Texas Judicial Council would need an
additional five full-time equivalent positions to provide staff to the
TFID and that office space for the additional staff would be in a
state-owned building. New personnel would include three administrative
staff, a program director, and an accountant who could also serve as a
grant administrator. Travel expenses for TFID members and staff, in
addition to expenses for an annual report are included in the estimate.
The estimate includes operating expenses for TFID only and has not
included any grant awards that it is assumed could be made out of the
balance of the Fair Defense Account.
Local Government Impact
Provisions of SECTION 11 of the bill would increase reporting
responsibilities of county auditors, county clerks, and district clerks.
According to the Texas Association of Counties (TAC), large counties
could absorb the costs of the additional reporting requirements added in
Section 71.0351 of the Government Code; however, 131 of the state's 254
counties would probably require adding a part-time position to track,
accumulate, and report the required data. TAC estimates the additional
part-time staff would cost a county $17,800 annually for salary,
benefits, and overhead. Local juvenile probation departments would also
need to establish guidelines for appointment of counsel to minors. This
estimate assumes that these new duties could be absorbed in the juvenile
probation departments current budgets.
The Task Force on Indigent Defense created under SECTION 13 provisions of
the bill would provide minimal savings to counties for technical
assistance services. Additionally, the Task Force could award grants to
counties for the purposes of expanding indigent defense services in the
county. However, under provisions of the bill counties may not reduce
the amount of funds provided for indigent defense because of funds
provided by the task force.
Source Agencies: 212 Office of Court Administration, 304
Comptroller of Public Accounts
LBB Staff: JK, JC, TB