LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 27, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB850 by Barrientos (Relating to benefits for certain
disabled peace officers.), As Engrossed
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB850, 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. *
**************************************************************************
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 Year Probable Savings/(Cost) from *
* Compensation to Victims of Crime *
* Account/ GR-Dedicated *
* 0469 *
* 2002 $(2,203,000) *
* 2003 (2,969,000) *
* 2004 (920,800) *
* 2005 (1,026,000) *
* 2006 (1,140,000) *
*****************************************************
Fiscal Analysis
The bill as substituted would amend the Code of Criminal Procedure
provisions relating to the Crime Victims Compensation program to provide
additional income payments to certain disabled peace officers. A peace
officer who is totally disabled as a result of criminally injurious
conduct that occurs while performing enforcement duties would be entitled
to payment. The Attorney General would pay an amount equal to the
annual average salary of the final three years of the claimant's
employment as a peace officer less amounts paid to the claimant for
injury from other sources. The payment would be adjusted for inflation
based on the Consumer Price Index each year.
Payment would be made from the Compensation to Victims of Crime Fund. A
qualified claimant would not be subject to the normal statute of
limitations or the compensation limits imposed on other applicants for
crime victims compensation. However, the total aggregate amount of all
annual payments made to an individual peace officer under this bill
could not exceed $200,000. Peace officers who were injured after
September 1, 1989 would be eligible for the income benefit. This bill
would take effect September 1, 2001.
Methodology
Based on information provided by the Combined Law Enforcement Association
of Texas, the OAG Crime Victims' Compensation Division estimated that 5
additional officers each year would qualify for payments under this bill.
Since the benefits will be paid throughout the lifetime of the injured
officer until the aggregate maximum is reached, the number of people
receiving benefits will increase each year. It is assumed that in 1989,
a peace officer's base salary was $22,000 and that workers' compensation
benefits, insurance, etc. would compensate the officer for 70% of their
annual base pay. It is also assumed that the Consumer Price Index would
increase between 3-5% annually and the injuries would be disabling,
preventing the officer from continuing police work. Based on these
assumptions, the OAG estimated that benefit payments would total
$2,203,000 in fiscal year 2002 for 65 disabled officers. The bill allows
benefits to be paid retroactively for dates of crime occurring prior to
this legislative session, therefore the costs for fiscal years 2002-03
will be higher than in subsequent years as lump sum payments are made for
the prior claims.
Although the committee substitute limits the amount of all annual
payments made to an individual peace officer to $200,000, the first
peace officers to reach the cap of $200,000 would not occur until after
FY 2006.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: 302 Office of the Attorney General
LBB Staff: JK, JC, SC