LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION
 
April 23, 2003

TO:
Honorable Robert Duncan, Chair, Senate Committee on Jurisprudence
 
FROM:
John Keel, Director, Legislative Budget Board
 
IN RE:
SB1834 by Staples (Relating to civil commitment.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for SB1834, As Introduced: a negative impact of ($93,000) through the biennium ending August 31, 2005.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2004 ($46,500)
2005 ($46,500)
2006 ($46,500)
2007 ($46,500)
2008 ($46,500)




Fiscal Year Probable Savings/(Cost) from
GENERAL REVENUE FUND
1
2004 ($46,500)
2005 ($46,500)
2006 ($46,500)
2007 ($46,500)
2008 ($46,500)

Fiscal Analysis

The bill would amend the Health and Safety Code, Chapter 841 relating to civil commitment proceedings for sexually violent predators.  The bill would increase the amount the state pays for each civil commitment proceeding from $1,600 per case to $4,700 per case.  The bill would take effect September 1, 2003.

Methodology

Currently, Montgomery County operates a specialty district court for civil commitment proceedings.  According to both the Montgomery County Auditor and the Special Prosecution Unit, approximately 15 such cases are heard each fiscal year.  Increasing the state reimbursement amount from $1,600 to $4,700 would cost the state an additional $46,500 each fiscal year.  [$4,700 - $1,600 = $3,100 increase in reimbursements; $3,100 x 15 cases per year = $46,500.]  Montgomery County would realize savings in a proportionate amount.

Local Government Impact

According to the Montgomery County Auditor, current annual costs of hearing an average of 15 cases per fiscal year total $72,000 for the part-time services of a court coordinator, a court reporter, a clerk, a jury shepherd, and other associated costs.  Of this amount, Montgomery County currently is reimbursed $24,000 [15 cases x $1,600 = $24,000.] Assuming 15 cases are heard each fiscal year, Montgomery County would realize an annual savings of $46,500 under the bill.  [15 cases x $3,100 = $46,500.]  Total reimbursement to Montgomery County for 15 cases per fiscal year would total $70,500.  [15 cases x $4,700 = $70,500.]


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
LBB Staff:
JK, GO, VDS, TB, KG