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
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* 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. *
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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) *
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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 $(142,245) 2.0 *
* 2003 (132,245) 2.0 *
* 2004 (132,245) 2.0 *
* 2005 (132,245) 2.0 *
* 2006 (132,245) 2.0 *
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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