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LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION

May 16, 2021

TO:	Honorable Joan Huffman, Chair, Senate Committee on Jurisprudence
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB1540 by Thompson, Senfronia (relating to regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare; creating a criminal offense; increasing criminal penalties.), Committee Report 2nd House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would amend various codes as they relate to the regulation of certain facilities and establishments with respect to, civil remedies for certain criminal activities affecting, and certain criminal offenses involving health, safety, and welfare. 

According to the Office of Court Administration, no significant fiscal impact to the state court system is anticipated. The Department of Public Safety and the Texas Alcoholic Beverage Commission anticipate no fiscal impact.

This analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.

Local Government Impact

The offense that would be expanded by the bill is a Class A misdemeanor, and the bill would add a Class C misdemeanor. 

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. 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. In addition to the fine, punishment can include up to 180 days of deferred disposition. 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.

According to Travis County, the provisions in the bill that would enhance punishment ranges when offenses are committed near residential childcare facilities could have a small fiscal impact on criminal courts, but only on a small number of cases. The county further notes that the provision allowing for law enforcement to give administrative notice of certain violations instead of arrests could result in a cost savings in enforcement, and the provision clarifying the basis for recovery of attorney's fees could make cost recovery easier.

Source Agencies:

212 Office of Court Admin, 405 Department of Public Safety, 458 Alcoholic Beverage Commission

LBB Staff:

JMc, SLE, CMA, ANE, DKN, AF