LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 3, 2001 TO: Honorable Kenneth Armbrister, Chair, Senate Committee on Criminal Justice FROM: John Keel, Director, Legislative Budget Board IN RE: SB680 by Shapleigh (Relating to the creation of a commission to study capital punishment in Texas.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB680, As Introduced: negative impact of $(345,963) 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. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $(260,765) * * 2003 (85,198) * * 2004 0 * * 2005 0 * * 2006 0 * **************************************************** 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 $(260,765) 3.0 * * 2003 (85,198) 1.0 * * 2004 0 0.0 * * 2005 0 0.0 * * 2006 0 0.0 * *************************************************************************** Technology Impact Estimated costs of $16,125 for computer equipment, printers, LAN connections and programming to support additional staff. Fiscal Analysis The bill would create the Texas Capital Punishment Commission to study capital punishment in Texas. The study would concentrate on issues relating to the legal representation of inmates in capital cases, the certainty of the guilt of individuals convicted in capital cases, the ability of new technologies to increase that certainty, race as a factor in decision-making in capital cases, and the sufficiency of appellate review of convictions in capital cases. The commission would also propose legislation to correct any inequities in the capital punishment process in the State. The eleven members of the Commission would be entitled to reimbursement for the member's travel expenses. The Texas Legislative Council, the Legislative Budget Board, and the Criminal Justice Policy Council would assist the commission in its duties. The Commission would be abolished and the article created by the bill would expire on January 2, 2003. The bill would take effect September 1, 2001. Methodology Travel costs for the Texas Capital Punishment Commission have been estimated based on current travel costs for the Texas Board of Criminal Justice which has nine rather than eleven members. Travel costs for the Board are estimated at $10,000 per year for six meetings or approximately $185 per member per meeting. Assuming one meeting per month, the estimated travel costs for the Commission are $24,420 in fiscal year 2002 and $8,140 in fiscal year 2003. Although the legislation does not specify staff for the Commission, three full-time staff (3 FTEs) have been included in the cost estimate to facilitate the Commission's work. The three positions would include one General Counsel V (B20), one Program Specialist VI (B15), and one Legal Assistant (B10). The positions would be terminated when the Commission is abolished on January 2, 2003 (equals 1 FTE for full fiscal year 2003). Salary costs are estimated at $166,000 in fiscal year 2002 and $59,096 in fiscal year 2003. Benefits at 28.28 percent of salary costs are estimated at $46,945 in fiscal year 2002 and $16,712 in fiscal year 2003. Travels costs are estimated at $3,750 in fiscal year 2002 and $1,250 in fiscal year 2003. In addition to the technology costs outlined above, $3,525 are allocated for office furnishings in fiscal year 2002. It is assumed that the three agencies directed to assist the commission would provide office space and cover other operational costs. Estimated costs for additional staff total $236,345 in fiscal year 2002 and $77,058 in fiscal year 2003). Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 410 Criminal Justice Policy Council, 103 Texas Legislative Council, 720 The University of Texas System, 768 Texas Tech University System LBB Staff: JK, JC, JN, VS