LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION

April 26, 2013

TO:	Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:	Ursula Parks, Director, Legislative Budget Board
IN RE:	SB343 by Estes (Relating to the disposition of certain seized weapons.), As Introduced

No significant fiscal implication to the State is anticipated.

Under the provisions of the bill, a magistrate could order a  seized weapon sold at a public sale by the law enforcement agency or a state-licensed auctioneer. At the public sale, only a firearms dealer licensed by the U.S. Attorney General may purchase the weapon. The proceeds from the sale of the seized weapon would go to the law enforcement agency holding the weapon after a deduction for auction costs and  court costs to the district clerk.

There would be a slight savings to the Department of Public Safety (DPS) for weapons sold at auction that, under current law, DPS would be responsible for destroying. However, savings to DPS are not anticipated to be significant.

Local Government Impact

There would be a slight increase in revenue to district clerks for the collection of additional court costs and to the law enforcement agency for the net proceeds from the sale. New revenue would vary depending on the number and value of applicable weapon sales; however, fiscal impact to local governments is not anticipated to be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety, 452 Department of Licensing and Regulation

LBB Staff:

UP, ESi, SD, KKR, TB