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