LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION

May 21, 2021

TO:	Honorable Brandon Creighton, Chair, Senate Committee on Higher Education
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB1360 by Hughes (relating to notice of certain criminal conduct by a student or employee of a public or private institution of higher education in this state; authorizing a civil penalty.), Committee Report 1st House, Substituted

No significant fiscal implication to the State is anticipated.

The bill would amend the Education Code as it relates to notice of certain criminal conduct by a student or employee of a public or private institution of higher education. A public or private institution of higher education whose president fails to timely provide the written notice, as required by the bill, is liable to the state for a civil penalty in an amount not to exceed $20,000 for each violation. Revenue generated from the penalty would be deposited to the General Revenue Fund. Under provisions of the bill, the Office of the Attorney General (OAG) may investigate alleged violations and may sue to collect the civil penalty.

Institutions of higher education and the Office of the Attorney General indicate that any costs associated with the bill could be absorbed within existing resources. As the number of cases of noncompliance resulting in penalties is unknown, there may be an indeterminate amount of penalty revenue.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Admin, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 710 Texas A&M Univ System Admin, 720 UT Sys Admin, 758 Texas State University System, 768 Texas Tech Univ Sys Admin, 781 Higher Education Coordinating Board, 783 Univ of Houston Sys Admin

LBB Staff:

JMc, LBO, GO, JSM