Honorable Cole Hefner, Chair, House Committee on Homeland Security, Public Safety & Veterans' Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB33 by McLaughlin (relating to active shooter incidents at primary and secondary
school facilities and other emergencies, including certain
accreditations of law enforcement agencies that respond to such
emergencies.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for HB33, Committee Report 1st House, Substituted: a negative impact of ($139,882,700) through the biennium ending August 31, 2027.
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
2026
($69,945,134)
2027
($69,937,566)
2028
($69,945,134)
2029
($35,100,066)
2030
($35,107,634)
All Funds, Five-Year Impact:
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
Change in Number of State Employees from FY 2025
2026
($69,945,134)
2.0
2027
($69,937,566)
2.0
2028
($69,945,134)
2.0
2029
($35,100,066)
2.0
2030
($35,107,634)
2.0
Fiscal Analysis
The bill would require law enforcement agencies to adopt a policy for responding to active shooter incidents. The bill directs local law enforcement agencies and emergency medical services providers to submit a report on their response to active shooter incidents. The bill requires law enforcement agencies to have access to at least one breaching tool and one ballistic shield.
The bill would establish the Law Enforcement Agency Accreditation Grant administered by the Office of the Governor's (OOG) Criminal Justice Division, which would provide financial assistance to law enforcement agencies in order to obtain accreditation and reaccreditation through certain national or regional accrediting entities that are specified in the bill. The bill would authorize eligible law enforcement agencies to request grant funding to reimburse costs for the purpose of becoming accredited or maintaining accreditation. The grant awarded to eligible law enforcement agencies amounts to $25,000 for accreditation and $12,500 for reaccreditation.
The bill would require the Criminal Justice Division to submit an annual report before December 1st that details the name of each law enforcement agency that applied for a grant and the amount of money distributed to each agency awarded a grant.
Methodology
The Law Enforcement Agency Accreditation Grant program administered through OOG generates the fiscal impact detailed in this fiscal note. The Texas Department of Public Safety (DPS) indicates certain provisions of the bill could generate significant costs for the agency, including provisions related to training law enforcement agencies, mutual aid agreement requirements, and conducting certain drills and exercises. The extent of those costs could not be determined. Other agencies and entities are directed to develop various procedures and requirements, but costs associated with implementation were indeterminate or could be absorbed within current agency resources
According to OOG, there are currently 2,787 active law enforcement agencies registered in Texas. Accreditation programs for law enforcement agencies tend to vary in cost depending on the size of the agency. For example, the Commission on Accreditation for Law Enforcement Officers (CALEA) charges $8,475 for an agency size of 1-24 employees whereas it charges $19,950 for an agency with 1000+ employees. Additionally, agencies may incur other costs in addition to the accreditation fee while seeking accreditation, such as separate charges for on-site costs of initial assessment. Additional costs might vary depending on lodging, airfare, the number of assessors utilized, and other factors related to agency assessment.
The OOG estimates a cost of $69,765,000 in each fiscal year to provide the grants associated with the Law Enforcement Agency Accreditation Grant Program. This analysis assumes that all law enforcement agencies that meet eligibility requirements would receive the maximum individual grant amount of $25,000 for the first three years after enactment of the bill. Based on the lower grant award for reaccreditation, this analysis assumes that costs for the grant program in out-years could be reduced.
The OOG estimates 2.0 FTEs, one Grant Specialist III and one Auditor III, would be needed to administer the program. The total estimate for FTE-related costs, travel, and various operating expenses in the 2026-27 biennium for the OOG is anticipated to be $532,700. Total costs to implement the bill for the 2026-27 biennium for the OOG is anticipated to be $139,882,700.
Local Government Impact
Local law enforcement agencies would be eligible to receive up to $25,000 to obtain accreditation and up to $12,500 to obtain reaccreditation.
Local government entities and certain school districts may experience costs as a result of implementing the legislation as proposed.
Source Agencies:
300 Trusteed Programs Within the Office of the Governor, 405 Department of Public Safety, 407 Commission on Law Enforcement, 529 Health and Human Services Commission, 537 State Health Services, Department of, 575 Texas Division of Emergency Management, 701 Texas Education Agency, 710 Texas A&M University System Administrative and General Offices, 717 Texas Southern University, 719 Texas State Technical College System Administration, 720 The University of Texas System Administration, 758 Texas State University System, 768 Texas Tech University System Administration, 769 University of North Texas System Administration, 783 University of Houston System Administration, 966 Howard College, 978 San Jacinto College