LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 10, 2001
  
  
          TO:  Honorable Juan Hinojosa, Chair, House Committee on
               Criminal Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2740  by Turner, Bob (Relating to the distribution of
               money to certain counties for the payment of
               extraordinary costs of prosecution.), As Introduced
  
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*  No significant fiscal implication to the State is anticipated.        *
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The proposed bill amends the statutory authority for an existing criminal
justice grant program, the Extraordinary Costs of Prosecution program.
This program provides eligible counties with financial reimbursement for
the cost of prosecuting capital murder cases.  Proposed bill deletes
statutory requirements that limited eligibility of counties for the
program.
  
Local Government Impact
  
The Governor's Criminal Justice Division currently awards grants to
counties for the cost of prosecuting capital murder cases.  Funds
allocated for these grants in the 2000-2001 biennium total $2.4 million.
Two million dollars and any unexpended balances in funds allocated for
the program during the 2000-01 biennium will be available for this
program during the 2002-03 biennium.

According to the Governor's Criminal Justice Division, some of the
existing statutory requirements that restricted use of program by
counties include:  population requirement; eligible counties must either
have a budget deficit, or the cost of prosecuting the capital murder case
must exceed 5 percent of the county's budget surplus;  defense costs are
not an eligible grant expense.  As a result, to date the Governor's
Criminal Justice Division has awarded less than $500,000 of the $2.4
million available for the program.

Statutory changes made by proposed bill are expected to increase the
number of grants awarded to counties that prosecute capital murder
cases.
  
  
Source Agencies:   304   Comptroller of Public Accounts, 301   Office of
                   the Governor
LBB Staff:         JK, JC, ZS