84(R) HB 11 - Enrolled version

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2016	($236,387,582)
2017	($73,160,852)
2018	($73,160,852)
2019	($73,160,852)
2020	($73,160,852)

Fiscal Year	Probable Savings/(Cost) from General Revenue Fund 1	Probable Savings/(Cost) from Interagency Contracts 777	Change in Number of State Employees from FY 2015
2016	($236,387,582)	($372,501)	9.0
2017	($73,160,852)	($335,481)	9.0
2018	($73,160,852)	($335,481)	9.0
2019	($73,160,852)	($335,481)	9.0
2020	($73,160,852)	($335,481)	9.0

The bill would:

1) Amend the Government Code to establish within the Office of the Attorney General (OAG) a
Transnational and Organized Crime Division with prosecution and human trafficking units that
would provide assistance to certain law enforcement agencies and prosecutors.

2) Amend the Government Code to require the Department of Public Safety (DPS) periodically to review the agency's information technology system.

3) Amend the Government Code to authorize DPS to credit up to 4 years of experience as a law enforcement officer in the state as years of service for Schedule C salary purposes. The bill would also stipulate all officers are subject to a one-year probationary period regardless of rank or salary classification.

4) Amend the Government Code to provide DPS with the option of defining the daily and weekly hourly work load for DPS commissioned officers assigned to certain border regions to be 10 hours and 50 hours, respectively.

5) Amend the Government Code to authorize DPS to admit certain military veterans to the agency's trooper training academy.

6) Amend the Government Code to authorize the Public Safety Commission to establish a reserve officer corps and authorize the DPS Director to call the reserve officer corps into service at any time. The bill would also amend the Code of Criminal Procedure to include as "peace officers" members of the reserve officer corps.

7) Amend the Government Code to require DPS to implement a strategy for providing federal authorities at international border checkpoints with assistance in the interdiction of weapons, bulk currency, stolen vehicles, and other contraband, and of fugitives, being smuggled from Texas into Mexico. The bill would authorize DPS to share the costs of staffing any such international border checkpoint with relevant federal entities.

8) Amend the Government Code to require DPS to establish a goal that each local law enforcement agency to implement an incident-based crime reporting system that meets the reporting requirements of the National Incident-Based Reporting System by September 1, 2019. The bill would require DPS to submit a report by January 1, 2017 detailing the number of law enforcement agencies that have implemented the reporting requirements of the National Incident-Based Reporting System.

9) Amend the Government Code to require the Texas Facilities Commission (TFC) to construct a
multi-use training facility for use by DPS, Texas Military Department (TMD) and local law
enforcement agencies, and any other military or law enforcement agency, including agencies of
the federal government. The bill would authorize a municipality to make a donation of real
property to DPS for purposes of establishing this facility. The bill would require DPS, with the
assistance of TFC, to design the training facility. The bill would stipulate that upon completion of
the facility TFC shall transfer ownership to DPS. The bill would authorize DPS to manage the
training facility and set and collect fees for the use of the training facility.

10) Amend the Government Code to reenact statute pertaining to the Texas Anti-Gang Grant Program. The reenacted statute would require the Office of the Governor's Criminal Justice Division to administer a competitive grant program to support regional and multidisciplinary approaches to combat gang violence.

11) Amend the Local Government Code to require a certain sheriff's department and municipal police department to jointly establish and operate the Texas Transnational Intelligence Center. DPS would be required to assist in the establishment and operation of this Center. Each local law enforcement agency in a county located along the Texas-Mexico border or in a county containing a federal checkpoint, as well as the Texas Alcoholic Beverage Commission and Texas Parks and Wildlife Department, would be required to report certain crime information to the Center. The bill would require the information in the Center shall be made available to each law enforcement agency in the state, as well as to the Texas Alcoholic Beverage Commission and Texas Parks and Wildlife Department.

12) The bill would amend the Penal Code to prohibit certain behaviors for pecuniary benefit
under the offense of smuggling of persons. The bill would create a certain affirmative defense under the offense of smuggling of persons. The bill would also create the new offense of
continuous smuggling of persons and include this offense among other offenses eligible for
prosecution under the offense of engaging in organized criminal activity. The bill would enhance
the punishment for certain individuals convicted of engaging in organized criminal activity
related to continuous smuggling of persons.

13) The bill would create a joint interim committee to study border security and would require this committee to submit a report on border security to the 85th Legislature. It is assumed any costs associated with this interim committee could be absorbed within existing resources.

Except as otherwise noted above, the bill would take effect September 1, 2015.

This fiscal note assumes all costs associated with implementing the provisions of the bill would be
funded out of the General Revenue Fund, with the exception of certain costs noted for the Texas
Facilities Commission, which would be funded out of Inter-Agency Contracts.

1) It is assumed the bill's requirement that the OAG establish a Transnational and Organized
Crime Division would require additional resources. Currently, the OAG provides prosecutorial
and investigative assistance to local and state agencies in Texas. Under the bill's provisions, the
Criminal Prosecutions Division within the OAG estimates twenty additional cases each fiscal year
related to human trafficking, organized crime, and border security. The Human Trafficking Unit
estimates an additional four to six operations related to human trafficking, organized crime, and
border security.

The OAG estimates the bill provisions would require one Assistant Attorney General III (1.0 FTE),
one Assistant Attorney General V (1.0 FTE), one Legal Assistant III (1.0 FTE), three Investigator
V (3.0 FTEs), and one Information Specialist III (1.0 FTE) with a combined fiscal year cost of
$613,302 for salaries ($489,099) and related benefits ($155,203) related to expanded
prosecutorial and investigative assistance for border security, organized crime, and human
trafficking.

The additional investigators would be commissioned peace officers and require specialized
equipment such as weapons, radios, safety equipment, and vehicles. The OAG estimates travel
associated with the bill provisions would be greater than average due to potential investigations
and prosecution assistance. Additionally, the OAG estimates it would not be able house the
additional personnel in existing office space and would be required to lease space.

2) It is assumed the bill's requirement that the Department of Public Safety (DPS) periodically
review the agency's information technology system can be absorbed within existing resources.

3) Depending on the extent to which DPS utilizes the bill's provision allowing DPS to credit up to
four years of experience as a law enforcement officer in the state as years of service for Schedule C
salary purposes state cost would increase. These costs would be realized to the degree the agency
adds these more costly troopers, rather than less costly recruit school graduates. However, while
these costs could be significant the utilization and scope cannot be determined at this time and the
costs are not included in the tables above. Specifically, probationary troopers graduating from the
agency's 6-month recruit school are currently paid a base salary of $43,007 during a one-year
probationary period following graduation. Assuming current (fiscal year 2014-15) levels of
overtime funding at an additional 3.8 hours per week, the actual annual pay for a probationary
trooper increases to approximately $49,135. Transfer troopers, however, would start at a
significantly higher pay level. The starting pay for a trooper with up to 4 years of experience is at
least $63,336. Assuming current levels of overtime funding at an additional 3.8 hours per week,
the actual annual pay for a new transfer trooper increases to approximately $72,361. This $23,226
per trooper differential would, for example, equate to a cost of $2.3 million if 100 troopers were
hired under this provision, plus another $700,000 in estimated benefits costs. Therefore a transfer
trooper presumably would start at a pay level about 47 percent higher than a probationary trooper.
This increased pay presumably would represent a significant cost to the agency to the degree the
agency opts to hire transfer troopers. The higher level of starting pay for each transfer trooper
would also represent an increased cost to the state in retirement contributions.

4) DPS has indicated an annual cost of $71,300,000 to implement a 10-hour work day and 50-
hour work week for all the agency's approximately 3,600 commissioned officers across the state.
No additional costs associated with benefits, such as retirement contributions, are assumed
because overtime pay is not subject to benefits contributions.

5) This fiscal note assumes the bill's authorization for DPS to admit certain military veterans to the agency's trooper training academy would not result in any fiscal impact.

6) This fiscal note assumes the reserve office corps created by this bill would be composed of volunteers, and thus would not represent a significant cost to the agency.

7) It is assumed the bill's requirement for DPS to implement a strategy for providing federal authorities at international border checkpoints with assistance in the interdiction of weapons, bulk currency, stolen vehicles, and other contraband, and of fugitives, being smuggled from Texas into Mexico at international border checkpoints could be absorbed within existing resources. The bill would authorize DPS to share the costs of staffing any such international border checkpoint with relevant federal entities.

8) This fiscal note assumes there will be local costs associated with the bill's requirement to direct DPS to establish a goal for each local law enforcement agency to implement an incident-based crime reporting system that meets the reporting requirements of the National Incident-Based Reporting System by September 1, 2019. The local costs are indicated below in the Local Government impact section.

9) This fiscal note assumes the bill's requirement that the Texas Facilities Commission (TFC)
construct a multiuse training facility would have a total project cost of $154,163,846. While this
cost is shown in fiscal year 2016, the project financing would presumably require some provision
of unexpended balances authority.

The $154,163,846 cost is based on facility requirements provided to TFC by DPS and TMD. TFC
has indicated that based on discussions with DPS and TMD, the new training facility would
require the following: a minimum land space of 5,000 acres; a 3,000 square foot administrative
building; a 6,000 square foot enclosed pavilion/instructional area; a 500 bed dormitory; parking
for 500 vehicles; an 11,000 square foot medical clinic; a 16,000 square foot dining facility; a 75
square yard tactical training area; a 1,000 yard rifle shooting range; a 50 yard pistol shooting
range; a 30,000 square foot staging and storage area; site lighting; and considerable development
of site infrastructure, including establishment of access to basic utilities.

Based on these requirements, TFC has provided the following project cost components: land
($7,031,100); technical services ($17,377,500); site improvements ($25,282,784); construction
and testing ($87,332,071); furniture, fixtures and equipment ($5,080,000); contingency
($7,061,691); and other costs ($4,998,700).

This fiscal note assumes TFC would require the following positions to manage this project: one
Project Manager IV ($90,000), one Project Manager II ($67,000), one Inspector V ($47,000), and
one Administrative Assistant IV ($42,000). Benefits costs associated with these salaries are
estimated to be $83,345 per fiscal year. Other costs to support these positions are assumed to be
$43,156 in fiscal year 2016 and $6,136 in fiscal year 2017 and beyond.

10) This fiscal note assumes the bill's reenactment of the statute pertaining to the Texas Anti-Gang Grant Program would result in costs associated with providing anti-gang grants to localities. This fiscal note assumes historical costs for these grants. Specifically, in the last 4 years, the Office of the Governor's Criminal Justice Division (CJD) provided grants to two anti-gang centers (Houston and Dallas area), which averaged $1.5 million for establishment costs and $0.1 million for ongoing costs each. The Office of the Governor indicates that to administer the program enacted by the bill, CJD would expand current operations in Houston and Dallas and establish five new anti-gang centers ($1.5 million x 5 new centers = $7.5 million in 2016). This fiscal note assumes that to expand the operations, current ongoing costs would double for each center from $0.1 million to $0.2 million per year ($0.2 million x 2 centers = $0.4 million in 2016). In 2017 and beyond, the ongoing operational expenses would be for the seven established anti-gang centers around Texas ($0.2 million x 7 centers = $1.4 million). Thus:
Fiscal Year 2016 ($1.5 million x 5 centers) + ($0.2 million x 2 centers) = $7,900,000
Fiscal Years 2017+ ($0.2 million x 7 centers) = $1,400,000 per fiscal year

11) This fiscal note assumes the bill's requirement that DPS establish the Texas Transnational Intelligence Center in a certain county if the county's sheriff and municipality's police department agree jointly to establish and operate the Center would entail costs both to the state and to certain local entities. The potential local impact is noted below in the Local Government Impact section. It is assumed DPS would be required to provide computing, networking, and support applications to establish the Center. One-time start-up costs for fiscal year 2016 are assumed to be $2,132,000 for computers, network hardware, and other IT equipment, as well as $298,812 for an IT contractor to assist in establishing the Center's network in fiscal year 2016 only. It is assumed any ongoing technology costs associated with DPS' assistance in operating the Center can be absorbed within existing resources. It is also assumed that the bill's requirement that the Texas Alcoholic Beverage Commission and Texas Parks and Wildlife Department provide certain criminal record data to the Center can be accomplished within each agency's existing resources.

12) The probable impact of implementing the bill's provisions which would amend the Penal Code is not assumed to be significant.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION


May 27, 2015

TO:	Honorable Joe Straus, Speaker of the House, House of Representatives

FROM:	Ursula Parks, Director, Legislative Budget Board

IN RE:	HB11 by Bonnen, Dennis (Relating to the powers and duties of the Texas Department of Public Safety, military and law enforcement training, and the investigation, prosecution, punishment, and prevention of certain offenses; creating an offense and increasing a criminal penalty; authorizing fees.), As Passed 2nd House