LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION

Revision 1

April 13, 2007

TO:	Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB1234 by Smith, Todd (Relating to a defendant's eligibility to be placed on deferred adjudication for certain intoxication offenses and to the consequences of that deferred adjudication.), As Introduced

While the overall fiscal impact to state costs is not expected to be significant, the enactment of this bill could result in a loss of federal highway fund revenue to the state in an amount of approximately $165.8 million in fiscal year 2008 and $320.3 million each subsequent fiscal year.

The bill would amend the Code of Criminal Procedure by modifying who would be ineligible for judge-ordered deferred adjudication community supervision.  The bill would also amend the Government Code as it relates to criminal history records for those placed on deferred adjudication community supervision for certain intoxication offenses.  The bill would also amend the Penal Code as it relates to the punishment enhancement for certain intoxication related offenses.  

 

The bill would take effect September 1, 2007 and apply only to an offense committed on or after the effective date.

 

It is assumed that the bill would not significantly affect the operations of state or local government. 

Local Government Impact

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

Source Agencies:

405 Department of Public Safety, 696 Department of Criminal Justice

LBB Staff:

JOB, ES, GG, LM, KJG