LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 20, 2009

TO:	Honorable Tommy Merritt, Chair, House Committee on Public Safety
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	HB4411 by Taylor (Relating to a central database containing information about persons who have been convicted of or received a grant of deferred adjudication for certain offenses involving the manufacture or delivery of a controlled substance.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for HB4411, As Introduced: an impact of $0 through the biennium ending August 31, 2011.

General Revenue-Related Funds, Five-Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2010	$0
2011	$0
2012	$0
2013	$0
2014	$0

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from State Highway Fund 6	Change in Number of State Employees from FY 2009
2010	($2,216,261)	12.0
2011	($993,603)	12.0
2012	($836,351)	12.0
2013	($913,009)	12.0
2014	($1,034,279)	12.0

Fiscal Analysis

The bill would amend the Code of Criminal Procedure by adding Chapter 61A which would require the Department of Public Safety (DPS) to maintain a computerized central database containing information regarding individuals convicted or receiving deferred adjudication for certain offenses involving the manufacture or delivery of a controlled substance. The bill would require the individuals to subscribe to the database to register for 10 years if the person is 17 years old or older. The bill would require individuals required to subscribe to the database to register for 5 years if the person’s case was transferred to district or criminal court under Family Code, Section 54.02. DPS would be required to cooperate with the Board of Pardons and Paroles, the Department of Criminal Justice, and the Commission on Jail Standards to implement the system. This bill takes effect immediately if two-thirds of the members in both the House of Representatives and the Senate vote to approve this bill. If not, the bill takes effect on September 1, 2009.

Methodology

DPS estimates the provisions of the bill would require the registration of 90,511 individuals over the next ten years (72,800 individuals convicted and 17,711 with deferred adjudication). This analysis assumes that an additional 12 FTEs per year would be required to implement the provisions of the bill (10 public safety record technicians and two clerks) to perform data entry and daily record updates of each participant and document archival work to scan, image, and sort all paper files into the database. Other operating expenses such as maintenance and repair of office machines and computer equipment, computer supplies, non-capital computer equipment, and furniture and equipment, are also included in the cost estimate.

The Department of Criminal Justice, the Commission on Jail Standards, and the Board of Pardons and Paroles anticipate no significant fiscal impact to their agencies.

Technology

The technology costs for fiscal year 2010 include $996,100 for new database development, public website enhancements and software enhancements. The technology costs for fiscal years 2011 through 2014 include $168,000 per year for on going database support and maintenance costs.

Local Government Impact

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

Source Agencies:

405 Department of Public Safety, 409 Commission on Jail Standards, 696 Department of Criminal Justice, 697 Board of Pardons and Paroles

LBB Staff:

JOB, ESi, GG, LG, TP