LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

May 4, 2005

TO:	Honorable Joe Driver, Chair, House Committee on Law Enforcement
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB2769 by Talton (Relating to the presentation of state flags to survivors of certain deceased honorably retired peace officers.), Committee Report 1st House, Substituted

Estimated Two-year Net Impact to General Revenue Related Funds for HB2769, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2007.

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
2006	$0
2007	$0
2008	$0
2009	$0
2010	$0

All Funds, Five-Year Impact:

Fiscal Year	Probable (Cost) from LAW OFFICER STDS & ED AC 116
2006	($10,000)
2007	$0
2008	$0
2009	$0
2010	$0

Fiscal Analysis

The bill relates to the presentation of state flags to survivors of certain deceased honorably retired peace officers. The bill would amend certain sections of the Government Code, Occupations Code, and Health and Safety Code. The bill would amend the flag presentation requirements to limit flag presentations to current peace officers and peace officers who honorably retired and voluntarily terminated their employment with a law enforcement agency of this state. Under current law, the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) is required, upon request, to provide the deceased peace officer’s (current or former) next of kin with a state flag. The bill would require the Department of State Health Services (DSHS) to include "honorably retired peace officer" in the current question regarding peace officer status on the registration of death form. The bill would take effect September 1, 2005.

Methodology

The bill would amend the flag presentation requirements to limit flag presentations to current peace officers and peace officers who honorably retired and voluntarily terminated their employment with a law enforcement agency of this state. TCLEOSE estimates that a one-time cost of $10,000 (100 hours x $100) for programming services in fiscal year 2006 would be needed to comply with the provisions of the bill. TCLEOSE reports an additional full-time-equivalent position (FTE) would be needed to research the employment history of former peace officers. However, the agency currently receives 50 requests per fiscal year for flags. Of that amount, 80 percent (or 40) are for former commissioned peace officers. Thus, it is assumed that the provisions of the bill could be handled with existing resources.

Technology

Technology costs include $10,000 for programming changes to data systems during fiscal year 2006.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

407 Commission on Law Enforcement Officer Standards and Education

LBB Staff:

JOB, KJG, VDS, SJ, LM