LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 17, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1909 by Hinojosa (Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1909, As Introduced: a negative impact of ($696,490) through the biennium ending August 31, 2011. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 17, 2009 TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1909 by Hinojosa (Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program.), As Introduced TO: Honorable John Whitmire, Chair, Senate Committee on Criminal Justice FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB1909 by Hinojosa (Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program.), As Introduced Honorable John Whitmire, Chair, Senate Committee on Criminal Justice Honorable John Whitmire, Chair, Senate Committee on Criminal Justice John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB1909 by Hinojosa (Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program.), As Introduced SB1909 by Hinojosa (Relating to the establishment by the Texas Forensic Science Commission of a DNA laboratory audit program.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1909, As Introduced: a negative impact of ($696,490) through the biennium ending August 31, 2011. Estimated Two-year Net Impact to General Revenue Related Funds for SB1909, As Introduced: a negative impact of ($696,490) through the biennium ending August 31, 2011. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2010 ($345,936) 2011 ($350,554) 2012 ($355,311) 2013 ($360,210) 2014 ($365,256) 2010 ($345,936) 2011 ($350,554) 2012 ($355,311) 2013 ($360,210) 2014 ($365,256) All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2010 ($345,936) 2011 ($350,554) 2012 ($355,311) 2013 ($360,210) 2014 ($365,256) Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 2010 ($345,936) 2011 ($350,554) 2012 ($355,311) 2013 ($360,210) 2014 ($365,256) 2010 ($345,936) 2011 ($350,554) 2012 ($355,311) 2013 ($360,210) 2014 ($365,256) Fiscal Year Change in Number of State Employees from FY 2009 2010 2.0 2011 2.0 2012 2.0 2013 2.0 2014 2.0 Fiscal Analysis Under provisions of the bill, the Texas Forensic Science Commission will establish a DNA laboratory audit program. The program must include an on-site review by experienced forensic DNA analysts of work recently performed by the DNA laboratory being audited, including an examination of any DNA record created by the laboratory and whether the laboratory followed all applicable quality control steps in creating the record; and in circumstances determined by the commission by rule, an off-site retrospective reexamination of one or more DNA samples analyzed by the laboratory. The Texas Forensic Science Commission is housed at Sam Houston State University. Methodology The Texas State University System has indicated that two FTEs, a DNA examiner, and an administrative assistant II, would need to be hired to implement provisions of the bill at a total cost for salaries and benefits of $153,936 in fiscal year 2010 increasing to $173,256 by fiscal year 2014 taking into account salaries increased over that time period. The System also indicated that there are about 22 accredited DNA labs in Texas and travel costs associated with visiting the labs would cost approximately $12,000 per year. Costs for retesting of samples and professional services tied to DNA samples being tested by independent labs on a contractual basis would cost $180,000 per year. Fiscal Year Change in Number of State Employees from FY 2009 2010 2.0 2011 2.0 2012 2.0 2013 2.0 2014 2.0 2010 2.0 2011 2.0 2012 2.0 2013 2.0 2014 2.0 Fiscal Analysis Under provisions of the bill, the Texas Forensic Science Commission will establish a DNA laboratory audit program. The program must include an on-site review by experienced forensic DNA analysts of work recently performed by the DNA laboratory being audited, including an examination of any DNA record created by the laboratory and whether the laboratory followed all applicable quality control steps in creating the record; and in circumstances determined by the commission by rule, an off-site retrospective reexamination of one or more DNA samples analyzed by the laboratory. The Texas Forensic Science Commission is housed at Sam Houston State University. Methodology The Texas State University System has indicated that two FTEs, a DNA examiner, and an administrative assistant II, would need to be hired to implement provisions of the bill at a total cost for salaries and benefits of $153,936 in fiscal year 2010 increasing to $173,256 by fiscal year 2014 taking into account salaries increased over that time period. The System also indicated that there are about 22 accredited DNA labs in Texas and travel costs associated with visiting the labs would cost approximately $12,000 per year. Costs for retesting of samples and professional services tied to DNA samples being tested by independent labs on a contractual basis would cost $180,000 per year. The Texas State University System has indicated that two FTEs, a DNA examiner, and an administrative assistant II, would need to be hired to implement provisions of the bill at a total cost for salaries and benefits of $153,936 in fiscal year 2010 increasing to $173,256 by fiscal year 2014 taking into account salaries increased over that time period. The System also indicated that there are about 22 accredited DNA labs in Texas and travel costs associated with visiting the labs would cost approximately $12,000 per year. Costs for retesting of samples and professional services tied to DNA samples being tested by independent labs on a contractual basis would cost $180,000 per year. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 405 Department of Public Safety, 758 Texas State University System 405 Department of Public Safety, 758 Texas State University System LBB Staff: JOB, ESi, GO, MWU JOB, ESi, GO, MWU