| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB1448 by West, Royce (Relating to reports on racial profiling in connection with motor vehicle stops; providing a penalty.), As Introduced |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2008 | $0 |
| 2009 | $0 |
| 2010 | $0 |
| 2011 | $0 |
| 2012 | $0 |
| Fiscal Year | Probable Revenue Gain/(Loss) from New General Revenue Dedicated - Civil Justice Data Repository |
Probable Savings/(Cost) from New General Revenue Dedicated - Civil Justice Data Repository |
Change in Number of State Employees from FY 2007 |
|---|---|---|---|
| 2008 | $181,000 | ($154,606) | 2.0 |
| 2009 | $435,000 | ($138,606) | 2.0 |
| 2010 | $436,000 | ($138,606) | 2.0 |
| 2011 | $437,000 | ($138,606) | 2.0 |
| 2012 | $438,000 | ($138,606) | 2.0 |
The bill would amend the Code of Criminal Procedure and Government Code relating to reports on racial profiling in connection with motor vehicle stops.
The bill would amend the Code of Criminal Procedure, Article 2 and Government Code, Chapter 102 which amends the law prohibiting peace officers from engaging in racial profiling and requiring reports on motor vehicle traffic stops in which a citation is issued or an arrest is made. The bill requires the Commission on Law Enforcement Officer Standards and Education (TCLOSE) to begin disciplinary procedures against the chief administrator of an agency that has failed to submit any of the statutory required reports. The bill would require each defendant convicted of a moving violation in a justice court, county court, county court at law court, or municipal court to pay a fee of 15 cents as cost of courts. The bill states the 15 cent fee is to be deposited to the Civil Justice Data Repository fund by the Comptroller of Public Accounts to be used only by TCLEOSE to implement their duties under Occupations Code, Section 1701. The bill would take effect on September 1, 2007. The bill would apply to motor vehicle stops occuring on or after January 1, 2008.
The Comptroller of Public Accounts (CPA) indicates revenue estimates were based on historical data from county-level justice and municipal courts and were adjusted for growth, indigency, and implementation. The CPA reports the new court costs for criminal cases were multiplied by the total number of convictions, reduced to reflect the historical non-collection rates, and adjusted for an implementation lag. Based on these assumptions the revenue for the $0.15 court cost would be $181,000 in fiscal year 2008, $435,000 in fiscal year 2009, $436,000 in fiscal year 2010, $437,000 in fiscal year 2011 and $438,000 in fiscal year 2012.
The bill would create or recreate a dedicated account in the General Revenue Fund, create or recreate a special or trust fund either within or outside of the Treasury, or create a dedicated revenue source. Therefore, the fund, account, or revenue dedication included in this bill would be subject to funds consolidation review by the current Legislature.
Based on the creation of a website that does not currently exist including an increased information resources workload including punitive action against non-compliant agency administrators, TCLEOSE states they would required two additional Program Specialist FTEs under the B10 salary group at $100,766 per year for a total of $138,106 (including benefit costs and rent) each year.
The Department of Public Safety and the Office of Attorney General anticipate the bill would have no significant fiscal impact to their agencies.
TCLEOSE includes technology costs estimated for the creation and maintenance of the website totaling $16,500 in 2008 and $500 in 2009 through 2012 for annual website operating costs.
| Source Agencies: | 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety, 407 Commission on Law Enforcement Officer Standards and Education
|
| LBB Staff: | JOB, ES, GG, CT, LG, KJG
|