LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                             February 9, 2001
  
  
          TO:  Honorable Kenneth Armbrister, Chair, Senate Committee on
               Criminal Justice
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB87  by Ellis, Rodney (relating to the investigation and
               prosecution of an offense motivated by bias or prejudice
               and to other civil and criminal remedies for and
               protections against certain hateful acts.), Committee
               Report 1st House, Substituted
  
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*  No significant fiscal implication to the State is anticipated.        *
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The Criminal Justice Division of the Office of the Governor has an
existing grant program, the Extraordinary Cost of Prosecution program, to
reimburse counties for the extraordinary costs of capital murder cases,
under which hate-motivated capital murders may be reimbursed.

Under this bill, the Office of the Attorney General would be authorized
to assist in the investigation and prosecution of hate crimes upon the
request of the prosecuting attorney.  The Office of the Attorney General
anticipates no significant fiscal impact to result from the adoption of
this legislation.  Similarly, the State Auditor's Office can absorb
within current resources any additional audits resulting from the
adoption of this legislation. Finally, the additional reporting
requirements resulting from the adoption of this legislation can be
absorbed by the Texas Judicial Council with no fiscal impact.

This legislation makes violations of orders enjoining hateful acts Class
B misdemeanors, and following subsequent violations, Class A
misdemeanors.  Therefore as a result of this legislation, the state
could receive additional revenue from court cost fees. However, because
the court cost fee for misdemeanors authorized in the Code of Criminal
Procedure for offenses under the Penal Code is generally $17 or $40, any
revenues generated would not be significant.
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated. Eligible counties may receive reimbursement for the costs of
capital murder cases, under which the cost of prosecuting hate-motivated
capital murder crimes can be reimbursed, through an existing state grant
program for Extraordinary Costs of Prosecution.  Local governments would
receive additional revenue from the Class A and Class B misdemeanors and
fines authorized by this legislation.

Using the number of hate motivated offenses reported by the Department of
Public Safety for calendar year 1999 (286 offenses), and assuming all
offenses are Class B misdemeanors and that the fine ranges from $150 to
the $2,000 maximum allowed for Class B misdemeanors, additional revenues
to local governments could range from $42,900 to $572,000 per calendar
year.  Also, local governments may retain out of any new court cost fees
resulting from adoption of this legislation an amount equal to the
administrative cost of collecting the court cost fees.
  
  
Source Agencies:   212   Office of Court Administration
LBB Staff:         JK, JC, ZS