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