LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 17, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB3622 by Hochberg (Relating to the creation, powers,
and duties of the Texas Innocence Commission; providing
penalties.), As Introduced
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB3622, As Introduced: negative impact of $(1,478,938) 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 $(784,469) *
* 2003 (694,469) *
* 2004 (694,469) *
* 2005 (714,469) *
* 2006 (694,469) *
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All Funds, Five-Year Impact:
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*Fiscal Probable Savings/(Cost) from Change in Number of State *
* Year General Revenue Fund Employees from FY 2001 *
* 0001 *
* 2002 $(784,469) 10.0 *
* 2003 (694,469) 10.0 *
* 2004 (694,469) 10.0 *
* 2005 (714,469) 10.0 *
* 2006 (694,469) 10.0 *
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Technology Impact
Technology impact is estimated at $30,000 in fiscal year 2002 and $20,000
in fiscal year 2005 for computers, printers, and associated equipment
and software.
Fiscal Analysis
The bill would create the Texas Innocence Commission consisting of ten
members appointed by the Governor. The commission would be allowed to
employ an executive director and other necessary personnel including
attorneys, clerks, and other agents. A commission member would be
entitled to reimbursement for actual and necessary expenses incurred in
discharging the members' duties. The commission would be allowed to
accept gifts, grants, and other funds from any public or private source.
The commission would study and evaluate the effectiveness of proposals
to limit the number of wrongful convictions in the state. The
commission would be allowed to conduct or participate in studies
relating to criminal investigations and trial practices. The commission
would be required to report, at least annually, the commission's
recommendations for legislative or other action. The commission would
also be required to report annually on all funds received and disbursed
by the commission during the preceding fiscal year. The commission
would have to develop personnel policies, public participation policies,
public interest information, and an access plan. On a biennial basis,
the commission would investigate and report on each wrongful conviction
in the state including the reasons the incident occurred and
recommendations on how to prevent similar incidents. The commission
would be allowed to pursue civil action against a person engaged in
conduct prohibited by law involving a wrongful conviction. The
commission would be able to issue a subpoena requiring a person to
provide access to records, to maintain, preserve, or make reports from
records, or to compel the attendance of witnesses.
Methodology
The bill would create an agency with various administrative, legal, and
investigative responsibilities. The cost estimate is based on the
assumption that the responsibilities of the commission would require at
least 10 full-time staff. Staff positions include an Executive
Director, a General Counsel IV (B19), an Attorney IV (B15), a Legal
Assistant III (B8), a Program Specialist V (B13), a Research Specialist
III (B10), two Administrative Technicians (A11), a Systems Analyst III
(B12), and a Human Resources Specialist IV (B11). Salaries and wages
are estimated at $484,853 per year. Benefits at 28.28 percent equal
$137,116 per year. In addition to technology costs listed above,
start-up costs include office furnishings at $1,500 per position.
Operating costs are estimated at $117,500 per year.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 303 General Services Commission, 304 Comptroller
of Public Accounts
LBB Staff: JK, JC, VS