LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION

April 19, 2011

TO:	Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	HB3306 by Marquez (Relating to a person's eligibility for expunction of certain criminal history records and files.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for HB3306, As Introduced: an impact of $0 through the biennium ending August 31, 2013.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five-Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2012	$0
2013	$0
2014	$0
2015	$0
2016	$0

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from State Highway Fund 6	Probable (Cost) from Appropriated Receipts 666
2012	($4,483,901)	($1,185,340)
2013	($3,923,487)	($1,025,137)
2014	($4,136,144)	($1,025,137)
2015	($4,256,735)	($1,054,903)
2016	($4,136,144)	($1,025,137)

Fiscal Year	Change in Number of State Employees from FY 2011
2012	90.8
2013	90.8
2014	90.8
2015	90.8
2016	90.8

Fiscal Analysis

This bill would allow for the expunction of most convictions with the exception of some serious offenses such as sexual offenses, the sale of illegal substances, DWI, and family violence offenses. Further, the bill would provide a waiting period of 15 years after the date of conviction before expunction of a conviction might otherwise be obtained. Although this bill would broaden the applicability of expunction to less serious offenses, including felonies, it is not a cause of action that involves inordinate amounts of court time to hear and resolve. As a result, the Office of Court Administration reports that no significant fiscal impact is anticipated. The Department of Public Safety (DPS) anticipates an increase in expunction requests as a result of this bill.

Methodology

According to DPS, current records projected to be eligible for expunction by DPS are estimated to be 143,180 per year. The Department of Public Safety (DPS) estimates petitions will be submitted at a rate of 10% of the current eligible expunctions or 14,318 per year. In addition to those expunctions, DPS estimates that 312,466 new records will become eligible each year and approximately 10% will submit petitions annually or 31,244. The bills would increase the total number of anticipated expunctions received by an additional 45,562 per year.

Based on the number of current expunction DPS currently receives per year (7,500), the agency would require 90.8 new FTEs and $10.7 million in State Highway Funds and Appropriated Receipts to process the increased number of requests.

Technology

There is no anticipated cost to tecnology as a result of the bill.

Local Government Impact

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

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety

LBB Staff:

JOB, ESi, GG, YD