LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session February 19, 2001 TO: Honorable Juan Hinojosa, Chair, House Committee on Criminal Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: HJR21 by Gallego (Proposing a constitutional amendment to provide the governor with sole discretion to commute punishment in capital cases.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HJR21, As Introduced: negative impact of $(274,490) 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. * ************************************************************************** In addition, the cost to the state for publication of the resolution is $80,000. General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(142,245) * * 2003 (132,245) * * 2004 (132,245) * * 2005 (132,245) * * 2006 (132,245) * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Savings/(Cost) from Change in Number of State * * Year General Revenue Fund Employees from FY 2001 * * 0001 * * 2002 $(142,245) 2.0 * * 2003 (132,245) 2.0 * * 2004 (132,245) 2.0 * * 2005 (132,245) 2.0 * * 2006 (132,245) 2.0 * *************************************************************************** Fiscal Analysis The bill proposes a constitutional amendment that would give the governor the ability to grant a commutation of punishment to life without parole if a defendant has been sentenced to death. Under current law the governor is authorized to grant clemency in a criminal case only after receiving a written signed recommendation to do so from the Board of Pardons and Paroles. Methodology The cost of implementing this bill is based on the cost of the Office of the Governor hiring an attorney and a legal assistant to fulfill the additional responsibilities required by this proposal. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 307 Secretary of State, 696 Texas Department of Criminal Justice, 301 Office of the Governor LBB Staff: JK, JC, GG