Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB3777 by Gallego (Relating to collection, storage, and distribution of criminal history record information; providing penalties.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB3777, As Introduced: a negative impact of ($2,891,439) 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.
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2012
($1,628,067)
2013
($1,263,372)
2014
($1,263,372)
2015
($1,288,627)
2016
($1,333,352)
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
2012
($1,628,067)
2013
($1,263,372)
2014
($1,263,372)
2015
($1,288,627)
2016
($1,333,352)
Fiscal Year
Change in Number of State Employees from FY 2011
2012
16.6
2013
16.6
2014
16.6
2015
16.6
2016
16.6
Fiscal Analysis
The bill would amend the Texas Code of Criminal Procedure to require the Texas Department of Public Safety (DPS) to establish regulations and licensing of persons involved in the collection, storage, and distribution of criminal history record information. DPS may impose a fee for the license in the amount that is sufficient to cover any costs incurred as a result of the provisions in the bill.
The bill would permit the Attorney General, or appropriate prosecuting attorney, to sue to collect civil penalties imposed on those violating any of the provisions. The Attorney General would be authorized to sue to collect any administrative penalties imposed.
Methodology
DPS anticipates a cost of $2.9 million in General Revenue Funds for the 2012-13 biennium to implement the provisions of the bill. The bill would require 16.6 specialized full-time-equivalent (FTE) staff to implement the provisions of the bill. While the provisions of the bill intend for the cost to be offset by revenue generated by licensing fees, the Comptroller of Public Accounts cannot estimate the revenue that would be generated by the bill. According to DPS, the cost to create the new regulation program would likely exceed what businesses would be willing to pay to be able to conduct that business, since the data is currently being sold outside of DPS for a modest price.
Additionally, if the number of participating businesses decreases significantly when the program is first implemented, due to program fees incurred, initial DPS start-up costs may not be fully covered.
Technology
DPS reports that they would require $140,000 to hire contractors for programming and other implementation tasks related to the regulation and licensing businesses who collect, store, and distribute criminal history record information.
Local Government Impact
According to DPS, the bill could increase demand for criminal history record information from local agencies and governments since they are another source of the information addressed by the provisions of the bill.
Source Agencies:
302 Office of the Attorney General, 304 Comptroller of Public Accounts, 405 Department of Public Safety