Honorable Brad Buckley, Chair, House Committee on Public Education
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB210 by Guillen (relating to contracting with a school district or open-enrollment
charter school by a vendor with whom a member of the board of
trustees or governing body of the district or school or a related
individual has certain business interests; creating a criminal
offense.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would create the new offense of prohibition on certain activity by a vendor, committed when a vendor bids on or receives a contract from a school district or open-enrollment charter school where any individual serving on the board of trustees or governing body of the district or school has a substantial interest in the vendor or a subcontractor hired by a vendor, is related in the second degree by consanguinity or affinity, or has received or been promised a gift or in-kind services with a value of more than $250.
The offense would be punishable as a Class C misdemeanor for a first offense, a Class B misdemeanor for a second offense, a Class A misdemeanor for a third offense, and as a state jail felony for a fourth offense or when the vendor directly or indirectly compensates the individual serving on the board of trustees or governing body of a school district or open-enrollment charter school as consideration for the district or school entering into a contract with the vendor.
While it is assumed that any state revenue impact would not be significant, it would be dependent on the number of offenses committed and the associated court costs.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.
Local Government Impact
It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 701 Texas Education Agency