LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 4, 2001 TO: Honorable Kenneth Armbrister, Chair, Senate Committee on Criminal Justice FROM: John Keel, Director, Legislative Budget Board IN RE: SB850 by Barrientos (Relating to benefits for certain disabled peace officers.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB850, As Introduced: 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 This bill 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. 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, 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. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 304 Comptroller of Public Accounts, 302 Office of the Attorney General LBB Staff: JK, JC, SC