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
  
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*  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:
  
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*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