LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 86TH LEGISLATIVE REGULAR SESSION
 
April 11, 2019

TO:
Honorable James White, Chair, House Committee on Corrections
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB3015 by Talarico (Relating to educational requirements for inmates who are younger than 18 years of age.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB3015, As Introduced: a negative impact of ($9,529,936) through the biennium ending August 31, 2021.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2020 ($4,764,968)
2021 ($4,764,968)
2022 ($4,764,968)
2023 ($4,764,968)
2024 ($4,764,968)




Fiscal Year Probable (Cost) from
General Revenue Fund
1
2020 ($4,764,968)
2021 ($4,764,968)
2022 ($4,764,968)
2023 ($4,764,968)
2024 ($4,764,968)

Fiscal Analysis

The bill would amend the Government Code as it relates to educational requirements for certain offenders. The bill would require the Texas Department of Criminal Justice (TDCJ) to provide educational courses as provided by Education Code, Section 28.002, to offenders under the age of 18. According to TDCJ, the agency would coordinate with Windham School District (WSD) to provide educational services consistent with the requirements of this bill.

TDCJ indicates that WSD would have to expand the educational programming offered to include a high school program in order to comply with the provisions of the bill. According to TDCJ, this designation change will require WSD to be in compliance with federal law requiring all special education students under the age of 22 to receive a free appropriate public education.

The agency reports that annual fiscal impact to serve offenders under 18 and comply with federal law would be $4,764,968; however, the fiscal impact would vary based on the applicable correctional population.

The bill would take effect September 1, 2019.

Methodology

According to WSD, the fiscal impact of providing high school level courses is approximately $7,289 per average daily attendance per year. The fiscal impact of special education high school courses is approximately $19,933 per average daily attendance per year. TDCJ reports that there are currently 24 offenders under the age of 18 without a high school diploma, two would require special education programing.

According to WSD, it would cost approximately $160,358 per fiscal year to provide high school programing to 22 offenders at a cost of $7,289 each year. The fiscal impact of providing special education programing to 2 offenders at a cost of $19,933 per year would be $39,867.

Additionally, TDCJ reports that 229 students under the age of 22 would require special education services. The cost to provide special education high school programming to 229 offenders at $19,933 each would be $4,564,744 per fiscal year.

The Texas Education Agency reports a minimal cost to provide materials for the new curriculum, but does not anticipate it will be significant.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
696 Department of Criminal Justice, 701 Texas Education Agency
LBB Staff:
WP, LBO, AI, kvel, SPa