LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
 
April 24, 2017

TO:
Honorable Joe Moody, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB2440 by Geren (Relating to the punishment for the offense of theft.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Penal Code as it relates to the offense of theft. Under the provisions of the bill, certain theft punishable as a state jail felony would be modified to reflect that the value of the property stolen is $100 or more but less than $2,500 and the defendant has been previously convicted multiple times for theft.
 
The Office of Court Administration and Texas Department of Criminal Justice do not anticipate a significant fiscal impact as a result of implementing the provisions of the bill.
 
This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant fiscal impact on the demand for state correctional resources. The bill would take effect September 1, 2017 and apply only to an offense committed on or after the effective date of the Act.

Local Government Impact

A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.

A Class C misdemeanor is punishable by a fine of not more than $500. Costs associated with enforcement and prosecution could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal impact. In addition to the fine, punishment can include up to 180 days of deferred disposition.


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice
LBB Staff:
UP, KJo, LM, JGA