LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION

April 4, 2011

TO:	Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	HB1309 by Craddick (Relating to the creation of the offense of electronic transmission of certain visual material depicting a minor and to certain educational programs concerning the prevention and awareness of that offense.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Penal Code to create several misdemeanor offenses related to the electronic transmission or possession of certain visual material by a minor that depicts a minor as defined by the provisions of the bill. The bill also would establish exceptions to the offense if a minor defendant did not produce the visual material; received the material from another minor, and reported the material to a law enforcement agency within 48 hours after receiving the material.
 
A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. A Class C misdemeanor is punishable by a fine of not more than $500.
 
The bill would amend the Code of Criminal Procedure to authorize the judge of a county court to take a defendant’s plea in open court and to require a parent to attend a court appearance. A court that determines a defendant has committed an offense under Section 43.261 of the Penal Code could order a defendant and a defendant’s parent to attend and successfully complete an educational program regarding the psychological and social consequences, including possible legal consequences. The court could also require the defendant or the defendant’s parent to pay the cost of the program if financially able.
 
The bill would require a court to expunge all records of a defendant that was convicted of only one offense on or after the person’s 17th or 18th birthday as defined by the provisions of the bill.
 
The bill would amend the Education Code to include definitions for bullying, cyberbullying, harassment, and sexual conduct. The Texas School Safety Center (TSSC) would be required, in consultation with Office of the Attorney General, to develop programs for schools that address possible legal and other consequences, including criminal penalties; the unique characteristics of the Internet and other electronic communications; and the connection between bullying, cyberbullying, and harassment related to transmitting certain visual material of a minor as defined by the provisions of the bill. TSSC would be required to develop the program by January 1, 2012. Each school district would be required to provide information on the programs developed and available to parents and students by any means necessary on an annual basis.

The bill would take effect September 1, 2011.

Local Government Impact

Costs associated with enforcement, prosecution and confinement, and revenue gain from fines imposed and collected would vary depending on the number of offenses committed; however, it is not anticipated to have a significant fiscal impact.
 
There could be additional administrative costs to a school district to annually provide the required program information to parents and students; however, it is not anticipated to be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 405 Department of Public Safety, 665 Juvenile Probation Commission, 758 Texas State University System, 701 Central Education Agency

LBB Staff:

JOB, TP, ESi, JM, TB, MWU, RBl, YD