LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 1, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB638 by Barrientos (relating to the taking of a
specimen from a person arrested for, charged with, or
convicted of certain offenses for the purpose of DNA
analysis; providing penalties.), As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB638, As Engrossed: positive impact of $0 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 $0 *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
****************************************************
All Funds, Five-Year Impact:
***********************************************************************
*Fiscal Probable Probable Probable Probable Change in *
* Year Revenue Revenue Revenue Savings/ Number of *
* Gain/(Loss) Gain/(Loss) Gain/(Loss) (Cost) from State *
* from State from from State Employees *
* Highway Criminal Counties Highway from FY 2001 *
* Fund Justice Fund *
* 0006 Planning 0006 *
* Account/ *
* GR- *
* Dedicated *
* 0421 *
* 2002 $620,550 $1,152,450 $197,000 $(285,187) 1.5 *
* 2003 828,450 1,538,550 263,000 (285,187) 1.5 *
* 2004 828,450 1,538,550 263,000 (285,187) 1.5 *
* 2005 828,450 1,538,550 263,000 (285,187) 1.5 *
* 2006 828,450 1,538,550 263,000 (285,187) 1.5 *
***********************************************************************
Fiscal Analysis
The bill would establish a program of taking a blood sample or other
specimen from persons indicted for certain felony offenses, waives
indictment for certain felony offenses, or is arrested for certain
felonies after having been previously convicted or placed on deferred
adjudication for certain offenses, for the purpose of DNA testing and
creating a DNA record.
The bill would establish a court cost of $250 on each conviction or
deferred adjudication of certain felony offenses requiring DNA testing,
or $50 upon conviction of public lewdness or indecent exposure. Ten
percent of this court cost would be retained by the local government with
the remaining ninety percent being forwarded to the Comptroller's
Office. The Comptroller would deposit 65 percent of the revenue received
into the Criminal Justice Planning Account, with the remaining 35
percent being deposited into the State Highway Fund. Money deposited
into the Criminal Justice Planning Account generated by the court cost
could be appropriated by the Legislature to the Criminal Justice Division
of the Governor's Office to be distributed in grant form to local law
enforcement agencies. Money deposited into the State Highway Fund
generated by the court cost could only be used to defray the costs of
administering the DNA testing and record creation.
The bill would take effect September 1, 2001.
Methodology
Based on estimates of court cost revenue found in the Biennial Revenue
Estimate and the Annual Report of the Texas Judicial System, the
Comptroller's Office estimates that the $250 court cost would generate
revenue of $1.97 million in fiscal year 2002 and $2.63 million in
subsequent fiscal years. Ten percent of this revenue would be retained
by counties while the remaining 90 percent would be remitted to the state
with 65 percent deposited into the Criminal Justice Planning Account and
35 percent deposited into the State Highway Fund.
The Department of Public Safety (DPS) estimates that 5,750 individuals
would be covered by this bill annually. The specimens would be sent by
DPS to a contract lab for analysis at $30 per specimen for a total cost
of $172,500. Supplies required for each sample to be obtained, mailed,
recorded and controlled would be $7 per sample for a total cost of
$40,250. An additional 1.5 personnel would be required to process the
specimens and enter the information into the database, as well as
perform quality control checks on analyses completed by the contract
laboratory. Salaries for these individuals would be $48,519 with
associated personnel benefits of $13,721 each fiscal year. Operating
expenses would run $6,197 each year. There would be a one-time cost for
training of $4,000 in fiscal year 2002.
Local Government Impact
Counties that receive receipts from the new court cost would be able to
retain ten percent of the court costs collected. This ten percent is
estimated to generate $197,000 in fiscal year 2002 and $263,000 in
subsequent fiscal years statewide.
Source Agencies: 405 Texas Department of Public Safety
LBB Staff: JK, JC, TB, DG