LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              March 29, 2001
  
  
          TO:  Honorable Juan Hinojosa, Chair, House Committee on
               Criminal Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2458  by Thompson (relating to the prevention of racial
               profiling by certain peace officers.), Committee Report
               1st House, Substituted
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2458, Committee Report 1st House, Substituted:  positive impact     *
*  of $0 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                                   $0  *
          *       2003                                    0  *
          *       2004                                    0  *
          *       2005                                    0  *
          *       2006                                    0  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal    Probable Savings/(Cost) from     Change in Number of State     *
* Year      Law Enforcement Management        Employees from FY 2001      *
*        Institute Account/ GR-Dedicated                                  *
*                      0581                                               *
*  2002                        $(267,369)                             2.5 *
*  2003                         (262,369)                             2.5 *
*  2004                         (262,369)                             2.5 *
*  2005                         (267,369)                             2.5 *
*  2006                         (262,369)                             2.5 *
***************************************************************************
  
Fiscal Analysis
  
The bill would require the Bill Blackwood Law Enforcement Management
Institute of Texas at Sam Houston State University (SHSU) to establish an
educational program on racial profiling for police chiefs.

The bill would take effect on September 1, 2001.
  
  
Methodology
  
SHSU estimates that it would require 2.5 additional personnel to
implement the educational program required by the bill.  The additional
personnel would develop the curricula on racial profiling and would hold
multiple training sessions to allow the officers to meet the requirements
for certification.

SHSU estimates that employee salaries would be $86,900 each fiscal year
with associated annual benefits of $24,232.  An additional $35,000 each
year would be necessary to contract with trainers and instructors for
the program.  SHSU also estimates $85,417 in annual travel expenses to
hold the training sessions across the state.  Administrative expenses
are estimated to cost approximately $8,000 each fiscal year while
operating expenses encompassing postage, utilities, phone lines, and
other consumables would cost $22,720 each fiscal year.  There would be
capital expenditures cost for a projector and a computer of $5,000
during fiscal year 2002 and again in fiscal year 2005 when this
equipment is replaced.
  
  
Local Government Impact
  
The bill would require law enforcement agencies to create multiple new
policies and procedures at both the administrative and operational
levels, conduct public information campaigns, research and possibly
implement technological changes, and educate officers in all of the
pertinent changes.  The bill would also require the collection, analysis,
and reporting of statistical information relating to traffic stops in
which a citation is issued and to arrests resulting from those traffic
stops. A department that installs video equipment and voice activated
microphone equipment in police cars and motorcycles used regularly for
traffic and pedestrian stops would be exempt from the reporting
requirements.

Several law enforcement agencies were contacted regarding the fiscal
impact of the bill.  Harris County estimates that to implement the data
collection and reporting for the sheriff's department and the county
constables would be approximately $1.2 million annually.  Harris County
anticipates additional annual training costs would be $150,000.  For
Harris County to install video and audio equipment that would exempt them
from the data collection, analysis, and reporting requirements would
create an initial cost of at least $450,000, not including the annual
cost of recording tapes.

The City of Houston Police Department (HPD) utilizes a computerized
system that would allow for minimal costs to implement additional data
collection.  The city did not have cost estimates for programming and
staff to conduct the data analysis and prepare the reports.  HPD has
1,600 patrol cars that are used regularly for traffic and pedestrian
stops.  To equip each car would cost the department, at $5,000 per car,
$8 million.

The Austin Police Department estimates it would cost $400,000 to
implement the provisions of the bill and $328,000 annually to continue
meeting the requirements, not including costs for video and audio
equipment for vehicles.  The department anticipates the need to hire
additional data entry and technical support staff and to purchase
software.

The Brazos County Sheriff's Department indicated that implementation of
all of the requirements except the installation of recording equipment
would be insignificant.  They anticipate installation of equipment would
cost between $4,500 and $7,000 per car.  The department has 20 patrol
cars.

The costs would vary by law enforcement agency based on department size,
size and population level of area patrolled, existing data collection
methods in use, existing programming and computer capabilities, and
training staff available.  The costs could range from nominal to highly
significant, excluding costs of video and audio technology.  If a
department were to choose exemption from data collection, analysis, and
reporting by installing recording equipment, the initial cost of
installing equipment, at approximately $5,000 per vehicle, would be
significant although installation could be phased in.
  
  
Source Agencies:   753   Sam Houston State University
LBB Staff:         JK, JC, DG