LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
March 27, 2023

TO:
Honorable Abel Herrero, Chair, House Committee on Corrections
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB1355 by Sherman, Sr. (Relating to air conditioning requirements at facilities operated by the Texas Department of Criminal Justice.), As Introduced


Estimated Two-year Net Impact to General Revenue Related Funds for HB1355, As Introduced : a negative impact of ($1,124,648,151) through the biennium ending August 31, 2025.

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

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year Probable Net Positive/(Negative) Impact to
General Revenue Related Funds
2024($1,104,879,589)
2025($19,768,562)
2026($19,768,562)
2027($19,768,562)
2028($19,768,562)

All Funds, Five-Year Impact:

Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
2024($1,104,879,589)
2025($19,768,562)
2026($19,768,562)
2027($19,768,562)
2028($19,768,562)


Fiscal Analysis

The bill would require the Texas Department of Criminal Justice (TDCJ) to maintain the temperature at each cellblock, dormitory, and common area in a TDCJ facility between 65 and 85 degrees Fahrenheit. The bill would require TDCJ to comply with the temperature regulation by September 1, 2025. According to TDCJ, it would not be possible to achieve full compliance with the bill's provisions in this timeframe.

Methodology

TDCJ estimates $1.1 billion in initial air conditioning construction costs in inmate housing areas and $19.8 million per year in maintenance and utility costs to comply with the provisions of the bill. According to TDCJ, the preliminary fiscal estimate is based on the following assumptions: these provisions only apply to inmate housing areas; design and construction time for each unit is approximately three years; a fiscal estimate for each facility would require an engineering design to be completed at each facility; there are a sufficient number of vendors necessary to complete the construction projects; and the electrical grid and unit infrastructure are sufficient to support the increased energy demand.


Local Government Impact

No fiscal implication to units of local government is anticipated.


Source Agencies:
696 Department of Criminal Justice
LBB Staff:
JMc, DDel, KFB, CSh