LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
 
April 2, 2013

TO:
Honorable Tan Parker, Chair, House Committee on Corrections
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2053 by Phillips (Relating to temporarily holding certain county prisoners in municipal jails.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB2053, As Introduced: a negative impact of ($115,160) through the biennium ending August 31, 2015.

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
2014 ($57,580)
2015 ($57,580)
2016 ($57,580)
2017 ($57,580)
2018 ($57,580)




Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1 		Change in Number of State Employees from FY 2013
2014 ($57,580) 1.0
2015 ($57,580) 1.0
2016 ($57,580) 1.0
2017 ($57,580) 1.0
2018 ($57,580) 1.0

Fiscal Analysis

The bill would amend the Local Government Code to authorize the commissioners court of a county with a population of 10,000 or less to contract with the governing body of a municipality to hold a county prisoner in the municipal jail for not more than 72 hours. The county would be required to pay a daily per capita rate equal to the cost of maintaining a prisoner in the municipal jail or a rate on which the parties agree.

According to the Texas Commission on Jail Standards (TCJS), any facility that is operated by or for a county is subject to inspection and required to meet standards set forth under current statute and Attorney General Opinion MW-328. A county that contracts with a municipality to house county prisoners in a municipal jail that does not comply with standards would be exempted from a violation.

The bill would take effect September 1, 2013.


Methodology

TCJS indicates that according to the 2010 U.S. Census population, 86 counties have a population of 10,000 or less. It is unknown how many of these counties have a municipal jail. Based on the potential for 86 counties to have at least one municipal jail, TCJS estimates that 86 additional facilities may come under the TCJS’s purview that would require estimated annual costs totaling $57,580, which would include an additional Inspector V (Salary Group B17) at a beginning annual salary of $38,000; consumable supplies which include smoke cans, thermometer, batteries, and a travel cart ($500); a laptop computer ($1,080); and travel expenses ($18,000).

Technology

TCJS estimates computer lease expenses to be $1,080 annually.

Local Government Impact

There would be some additional workload to counties; however, any fiscal impact is not anticipated to be significant.


Source Agencies:
409 Commission on Jail Standards
LBB Staff:
UP, ESi, TP, SD, JN, AI, KKR