LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
 
April 17, 2013

TO:
Honorable Tan Parker, Chair, House Committee on Corrections
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2855 by Miles (Relating to the prompt issuance of an order of nondisclosure for certain defendants; authorizing a fee.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB2855, As Introduced: a negative impact of ($1,342,244) 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 ($671,122)
2015 ($671,122)
2016 ($671,122)
2017 ($671,122)
2018 ($671,122)




Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
2014 ($671,122)
2015 ($671,122)
2016 ($671,122)
2017 ($671,122)
2018 ($671,122)

Fiscal Analysis

The bill would amend the Government Code to allow issuance of an order of nondisclosure at the time of defendant dismissal and discharge from a term of deferred adjudication community supervision for certain types of misdemeanor offenses. The bill specifies that the defendant is required to pay the $28 fee for nondisclosure orders imposed under existing statutory provisions, but is not required to pay other costs generally applicable to civil petition filings. The changes in law would apply only to discharge and dismissal proceedings occuring on or after the bill's effective date. The bill would take effect September 1, 2013.

Methodology

The Office of Court Administration (OCA) does not have data on the number of applications filed for orders of nondisclosure. However, OCA reports that in fiscal year 2012, there were 36,647 civil cases relating to criminal matters filed in statutory and constitutional county courts. Civil cases relating to criminal matters include bond forfeiture cases and applications for orders of nondisclosure, expunctions, and occupational license cases. This analysis assumes that 20 percent of all civil cases relating to criminal matters filed in county courts would relate to orders of nondisclosure for the misdemeanor offenses covered under the provisions of the bill.  Using an average filing fee for these county courts of $137, implementation of the bill would result in an annual cost of $1,004,073 ($137 multiplied by 7,329 new cases). Approximately two-thirds of this revenue is remitted to the state, and the remainder is retained by local governments. 


Local Government Impact

Removing the filing fee associated with a civil petition would reduce revenue to local governments. It is anticipated that the bill would result in an annual loss of $332,951 to local governments statewide.


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety
LBB Staff:
UP, ESi, ZS, AM, KKR