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 ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** 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