TO: | Honorable Harold V. Dutton, Jr., Chair, House Committee on Juvenile Justice & Family Issues |
FROM: | Ursula Parks, Director, Legislative Budget Board |
IN RE: | HB2632 by Dutton (Relating to removing a criminal penalty and authorizing a civil penalty for truancy.), Committee Report 1st House, Substituted |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2016 | $2,203,888 |
2017 | $2,203,888 |
2018 | $2,203,888 |
2019 | $2,203,888 |
2020 | $2,203,888 |
Fiscal Year | Probable Revenue Gain from General Revenue Fund 1 |
Probable Revenue Gain/(Loss) from General Revenue Fund 1 |
Probable Revenue Gain/(Loss) from General Revenue Dedicated |
Probable Revenue Gain/(Loss) from Judicial Fund 573 |
---|---|---|---|---|
2016 | $2,344,650 | ($140,762) | ($880,169) | ($140,679) |
2017 | $2,344,650 | ($140,762) | ($880,169) | ($140,679) |
2018 | $2,344,650 | ($140,762) | ($880,169) | ($140,679) |
2019 | $2,344,650 | ($140,762) | ($880,169) | ($140,679) |
2020 | $2,344,650 | ($140,762) | ($880,169) | ($140,679) |
Fiscal Year | Probable Revenue Gain/(Loss) from Other Fund Law Enforcement and Custodial Officer Supplement Retirement Trust Fund |
---|---|
2016 | ($104,502) |
2017 | ($104,502) |
2018 | ($104,502) |
2019 | ($104,502) |
2020 | ($104,502) |
In fiscal year 2014, there were 93,786 cases filed for failure to attend school. Repeal of failure to attend school as a Class C misdemeanor would result in loss of court costs assessed and collected for the state of approximately $1.3 million per year. However, this will be more than offset by the collection of civil penalties for the same conduct with an estimated gain to the state of about $2.3 million per year.
Failure to attend school cases generate revenue to the state for court costs collected by justice and municipal courts. It is estimated that 50 percent of the cases filed result in convictions or deferred dispositions where court costs were assessed. The typical court cost revenue from one of these cases in justice court is $87. The portion directed to the state is $54, and the portion retained by the county is $33. The typical court cost revenue from one of these cases in municipal court is $86 ($54 to the state; $32 retained by the municipality). This analysis assumes the same number of offenses would occur annually in the future, with a 50 percent conviction rate and a 50 percent collection rate. Repeal of the Class C misdemeanor offense for failure to attend school will result in reduction in court costs assessed and collected for the state of about $1.3 million per year.
The Office of Court Administration and the Comptroller estimated that 50 percent of the cases filed will result in a court finding that an individual engaged in failure to attend school conduct, and a typical civil penalty would be $100. This analysis assumes the same number of offenses would occur annually in the future, with a 50 percent conviction rate and a 50 percent collection rate. The collection of civil penalties is estimated to yield a gain to the state of $2.3 million per year.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 644 Juvenile Justice Department, 701 Central Education Agency
|
LBB Staff: | UP, JQ, ESi, JJ, KVe, JBi, JPo
|