LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 2, 2001
TO: Honorable Juan Hinojosa, Chair, House Committee on
Criminal Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1570 by West, Royce (relating to the expunction of
certain arrest records and files.), Committee Report 2nd
House, Substituted
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* Estimated Two-year Net Impact to General Revenue Related Fundsfor *
* SB1570, Committee Report 2nd House, Substituted: negative impact of *
* $(305,886) 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. *
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All Funds, Six-Year Impact:
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*Fiscal Probable Savings/(Cost) from Change in Number of State *
* Year General Revenue Fund Employees from FY 2001 *
* 0001 *
* 2002 $(165,015) 4.0 *
* 2003 (140,871) 4.0 *
* 2004 (140,871) 4.0 *
* 2005 (140,871) 4.0 *
* 2006 (140,871) 4.0 *
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*Fiscal Probable Savings/(Cost) from Change in Number of State *
* Year General Revenue Fund Employees from FY 2000 *
* 0001 *
* 2001 $(47,623) 4.0 *
* 2002 (140,871) 4.0 *
* 2003 (140,871) 4.0 *
* 2004 (140,871) 4.0 *
* 2005 (140,871) 4.0 *
* 2006 (140,871) 4.0 *
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Fiscal Analysis
The bill would require that a court which acquits a defendant order
expunction of the defendant's record and it would require the law
enforcement agency that arrested the defendant to provide the required
information.
The bill would take effect immediately if it receives a vote of
two-thirds of all the members elected to each house, otherwise the bill
would take effect September 1, 2001.
Methodology
The Department of Public Safety (DPS) currently processes 5,000
expunction orders each year of which 250 are related to acquitals.
According to Office of Court Administration's fiscal year 2000 annual
report, there were 1,205 acquittals in district courts; 2,951 acquittals
in county level courts; 8,913 acquittals in justice courts; and 34,958
acquittals in municipal courts. DPS estimates that the increase in the
number of expunctions that would have to be processed for acquitals would
create a workload that could be assumed by four additional
administrative technicians. Salaries for the new personnel are estimated
to total $94,128 with associated personnel benefits of $26,619 each
fiscal year. Rent and other operating costs would total $20,124 each
fiscal year. Finally, there would be a one-time cost for furniture,
equipment, computer hardware and software of $24,144 in fiscal year 2002
only.
The second table above pro-rates the annual costs on a two month basis
while showing the full equipment and other capital expenses in fiscal
year 2001.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 304 Comptroller of Public Accounts, 405 Texas
Department of Public Safety, 212 Office of Court
Administration
LBB Staff: JK, JC, JN, DG, DW, DB