The provisions of the bill addressing felony sanctions are the subject of this analysis. The bill would amend the Local Government Code as it relates to the authority of a county fire marshal to inspect group homes. Under the provisions of the bill, a person who is subject to and does not comply with an order as outlined in the bill would commit a Class B misdemeanor which would be enhanced to a state jail felony if the person has been previously convicted two or more times. Under existing statute, noncompliance with an order related to an inspection or review of plan for fire or life safety hazards of certain dwellings or commercial property is punishable as a Class B misdemeanor which can be enhanced to a state jail felony if the person has been previously convicted two or more times.

A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000.

Creating an offense for which a criminal penalty is applied is expected to result in additional demands upon the correctional resources of counties or of the State due to an increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal years 2018 through 2020, fewer than ten people were arrested, placed onto community supervision, or admitted into a state correctional facility for noncompliance with an order related to an investigation for fire or safety hazards under existing statute. There is a lack of data that would allow for the identification of cases in which individuals would be noncompliant with an order related to inspection of group homes as outlined in the bill from all other cases. This analysis assumes implementing 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.