LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
 
May 9, 2011

TO:
Honorable Sid Miller, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
John S O'Brien, Director, Legislative Budget Board
 
IN RE:
HB2887 by Fletcher (Relating to the disposition of property seized by the Texas Department of Public Safety in connection with violations of the Texas Controlled Substances Act.), Committee Report 1st House, Substituted

While the overall fiscal impact to state administrative costs would not be significant, there would be an indeterminate revenue impact to the state.


The bill would amend the Code of Criminal Procedure to require attorneys representing the state to enter into certain agreements with the Department of Public Safety (DPS) regarding the transfer or proceeds from the sale of certain forfeited property. The bill would require 40 percent of the proceeds to be allocated to a special fund in the department to be used solely for law enforcement purposes, 30 percent to a special fund in the county treasury for use of the attorney representing the state, and 30 percent to the general revenue fund. The bill would take effect September 1, 2011. The Comptroller of Public Accounts (CPA) indicates any impact on revenue cannot be determined. This analysis assumes DPS could implement the provisions of the bill within existing resources.


Local Government Impact

Fiscal impact on counties would vary depending on the total value of forfeited property as described by the bill. The amount of property that is seized and the amount of proceeds from the sale of property seized are unknown, and therefore the fiscal impact cannot be determined.


Source Agencies:
405 Department of Public Safety, 304 Comptroller of Public Accounts
LBB Staff:
JOB, ESi, GG, KKR