LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
                                Revision 2
  
                               May 23, 2001
  
  
          TO:  Honorable Bill Ratliff, Lieutenant Governor
               Honorable James E. "Pete" Laney, Speaker of the House
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB1074  by West, Royce (Relating to the prevention of
               racial profiling by certain peace officers.), Conference
               Committee Report
  
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*  No significant fiscal implication to the State is anticipated.        *
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The bill would authorize the Department of Public Safety (DPS) to provide
funds for video and audio equipment to law enforcement agencies.  The
cost of this program is estimated to be $6,984,542 in fiscal year 2004
for debt service on the $18.5 million in general obligation bond
proceeds needed to carry out this program which would be authorized by
House Bill 3064 and House Joint Resolution 97.  This annual cost as well
as any future costs does not appear on this fiscal note as it is already
detailed on the fiscal note for House Bill 3064.
  
Local Government Impact
  
The fiscal significance for units of local government would vary
depending upon the availability of state funding and the number of
requests for exemptions.  The governing body of a law enforcement agency
may gain exemption through certifying to DPS that the agency needs funds
for video or audio equipment and that there is no available source of
state funding.  Thus, this bill would give the governing bodies of
political subdivisions with an inability to afford audio and video
equipment for their patrol cars and motorcycles, an avenue for exemption
from reporting requirements.

The bill would require law enforcement agencies to create multiple new
policies and procedures at both the administrative and operational
levels, conduct public information campaigns, research and possibly
implement technological changes, and educate officers in all of the
pertinent changes.  The bill would also require the collection, analysis,
and reporting of statistical information relating to traffic stops in
which a citation is issued and to arrests resulting from those traffic
stops.  A department that installs video equipment and voice activated
microphone equipment in police cars and motorcycles used regularly for
traffic and pedestrian stops would be exempt from the reporting
requirements.

The Harris County Sheriff's Department and the Houston Police Department
(HPD) indicated that they would not experience a significant financial
impact as a result of the bill.  HPD and Harris County are basing their
assumptions on the following: 1) availability of state funding from DPS
to compensate for the expenses the county and municipality would incur
when they place audio and video equipment into their patrol cars and
motorcycles used for traffic and pedestrian stops; 2) receiving an
exemption from reporting requirements based on a lack of state funding.
Without an exemption, the Harris County Sheriff's Office would experience
cost increases of $1.4 million annually to meet the requirements
outlined in the bill. The Harris County Sheriff's Office indicated that
the reporting requirements would require additional staff, computer
technology, and training. HPD would not incur additional expenses in
order to gather the information outlined in the bill; however, additional
costs would be incurred in order to analyze and report the information.

The Brazos County Sheriff's Department indicated that implementation of
all of the requirements except the installation of recording equipment
would be insignificant.  Brazos County does not have adequate funding to
support installation of audio and video equipment in the patrol cars.
  
  
Source Agencies:   304   Comptroller of Public Accounts, 405   Texas
                   Department of Public Safety
LBB Staff:         JK, SD, JC, DG, DW