Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2863 by Carter (Relating to the offense of prostitution, the defendants eligible for participation in a first offender prostitution prevention program, and certain procedures for the provision of services under the program.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code to authorize the commissioners court of a county or the governing body of a municipality to create a first offender prostitution prevention program for defendants charged with an offense under Section 43.02 of the Penal Code, and would specify procedures for program services. The bill would establish that a conviction may be used for purposes of enhancement under this section or under Subchapter D, Chapter 12, and would specify that a defendant is previously convicted of an offense if adjudged guilty or entered a plea of guilty or nolo contendere, regardless of whether the sentence was ever imposed or probated.
Participants in the program would pay a nonrefundable program fee in an amount not to exceed $1,000 and must be based on the participant's ability to pay. The victim services fee of 10 percent is to be deposited to the General Revenue Fund to cover costs associated with the grant program described by Section 531.383 of the Government Code. The law enforcement training fee of five percent is to be deposited to the credit of the treasury of the county or municipality that established the program to cover costs for training law enforcement personnel on domestic violence, prostitution and the trafficking of persons. A counseling and services fee collected in an amount necessary to cover the costs of the counseling and services must be paid from the remaining 85 percent of the program fee.
According to the Office of Court Administration, no significant fiscal impact on the state is anticipated.
According to the Comptroller of Public Accounts, the fiscal impact on the state cannot be estimated. In addition, any administrative costs would not result in a fiscal impact to the agency.
Local Government Impact
There would be a positive fiscal impact to a county or a municipality that chose to create a first offender prostitution prevention program for the collection of the victim services fee, but the amount would vary depending on the number of participants and the amount of the program fee. In addition, there would be costs associated with establishing a program that would offset some of the revenue collected. It is assumed that a county or a municipality would establish a program only if sufficient resources were available or the program would not result in a negative fiscal impact.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 405 Department of Public Safety