LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION April 22, 2013 TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3208 by Alonzo (Relating to the expunction of criminal records.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB3208, As Introduced: a negative impact of ($1,419,303) through the biennium ending August 31, 2015. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 83RD LEGISLATIVE REGULAR SESSION
April 22, 2013
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB3208 by Alonzo (Relating to the expunction of criminal records.), As Introduced
TO: Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM: Ursula Parks, Director, Legislative Budget Board
IN RE: HB3208 by Alonzo (Relating to the expunction of criminal records.), As Introduced
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
Ursula Parks, Director, Legislative Budget Board
Ursula Parks, Director, Legislative Budget Board
HB3208 by Alonzo (Relating to the expunction of criminal records.), As Introduced
HB3208 by Alonzo (Relating to the expunction of criminal records.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB3208, As Introduced: a negative impact of ($1,419,303) through the biennium ending August 31, 2015. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
Estimated Two-year Net Impact to General Revenue Related Funds for HB3208, As Introduced: a negative impact of ($1,419,303) through the biennium ending August 31, 2015.
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 2014 ($747,309) 2015 ($671,994) 2016 ($671,994) 2017 ($671,994) 2018 ($671,994)
2014 ($747,309)
2015 ($671,994)
2016 ($671,994)
2017 ($671,994)
2018 ($671,994)
All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromJudicial Fund573 2014 ($747,309) $2,389,500 2015 ($671,994) $2,389,500 2016 ($671,994) $2,389,500 2017 ($671,994) $2,389,500 2018 ($671,994) $2,389,500
Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Probable Savings/(Cost) fromJudicial Fund573 2014 ($747,309) $2,389,500 2015 ($671,994) $2,389,500 2016 ($671,994) $2,389,500 2017 ($671,994) $2,389,500 2018 ($671,994) $2,389,500
2014 ($747,309) $2,389,500
2015 ($671,994) $2,389,500
2016 ($671,994) $2,389,500
2017 ($671,994) $2,389,500
2018 ($671,994) $2,389,500
Fiscal Year Change in Number of State Employees from FY 2013 2014 11.0 2015 11.0 2016 11.0 2017 11.0 2018 11.0 Fiscal Analysis The bill would amend the Code of Criminal Procedure relating to an individual's right to expunction of criminal records. The bill would decrease timelines specifying the earliest dates for expunction eligibility. The change in law would apply only to the prosecution of an offense committed on or after the bill's effective date. The bill would take effect September 1, 2013. Methodology Based on a five-year historical average of dismissed offenses and the average number of expunctions received by the agency, the Department of Public Safety (DPS) estimates that the bill would result in an additional 15,000 expunctions annually. Based on the increased volume of expunctions, DPS reports that they need additional full-time equivalent positions to implement the bill's provisions. This analysis assumes DPS will need an additional 11 full-time equivalent positions resulting in an additional annual salary, benefit, and miscellaneous associated operating costs of $747,309 in fiscal year 2014 and $671,994 in subsequent years. These costs would be paid from the General Revenue Fund. The bill would also result in additional revenue generated by civil court filing fees in the new expunction cases. According to the Office of Court Administration (OCA), depending on the county in which the action is brought, these civil court filing fees for expunction cases range from $177 to $277. Assuming that 15,000 additional expunction cases are filed with associated fees of $177, an additional $2,655,000 would be generated. Ninety percent of these fees would be remitted to Judicial Fund No. 573 ($2,389,500), and ten percent would be retained by local entities ($265,500).
Fiscal Year Change in Number of State Employees from FY 2013 2014 11.0 2015 11.0 2016 11.0 2017 11.0 2018 11.0
2014 11.0
2015 11.0
2016 11.0
2017 11.0
2018 11.0
Fiscal Analysis
The bill would amend the Code of Criminal Procedure relating to an individual's right to expunction of criminal records. The bill would decrease timelines specifying the earliest dates for expunction eligibility. The change in law would apply only to the prosecution of an offense committed on or after the bill's effective date. The bill would take effect September 1, 2013.
Methodology
Based on a five-year historical average of dismissed offenses and the average number of expunctions received by the agency, the Department of Public Safety (DPS) estimates that the bill would result in an additional 15,000 expunctions annually. Based on the increased volume of expunctions, DPS reports that they need additional full-time equivalent positions to implement the bill's provisions. This analysis assumes DPS will need an additional 11 full-time equivalent positions resulting in an additional annual salary, benefit, and miscellaneous associated operating costs of $747,309 in fiscal year 2014 and $671,994 in subsequent years. These costs would be paid from the General Revenue Fund. The bill would also result in additional revenue generated by civil court filing fees in the new expunction cases. According to the Office of Court Administration (OCA), depending on the county in which the action is brought, these civil court filing fees for expunction cases range from $177 to $277. Assuming that 15,000 additional expunction cases are filed with associated fees of $177, an additional $2,655,000 would be generated. Ninety percent of these fees would be remitted to Judicial Fund No. 573 ($2,389,500), and ten percent would be retained by local entities ($265,500).
Based on a five-year historical average of dismissed offenses and the average number of expunctions received by the agency, the Department of Public Safety (DPS) estimates that the bill would result in an additional 15,000 expunctions annually. Based on the increased volume of expunctions, DPS reports that they need additional full-time equivalent positions to implement the bill's provisions. This analysis assumes DPS will need an additional 11 full-time equivalent positions resulting in an additional annual salary, benefit, and miscellaneous associated operating costs of $747,309 in fiscal year 2014 and $671,994 in subsequent years. These costs would be paid from the General Revenue Fund.
The bill would also result in additional revenue generated by civil court filing fees in the new expunction cases. According to the Office of Court Administration (OCA), depending on the county in which the action is brought, these civil court filing fees for expunction cases range from $177 to $277. Assuming that 15,000 additional expunction cases are filed with associated fees of $177, an additional $2,655,000 would be generated. Ninety percent of these fees would be remitted to Judicial Fund No. 573 ($2,389,500), and ten percent would be retained by local entities ($265,500).
Local Government Impact
The bill is expected to generate an estimated additional $265,500 statewide annually in civil court filing fees.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety
212 Office of Court Administration, Texas Judicial Council, 405 Department of Public Safety
LBB Staff: UP, ESi, ZS, AM
UP, ESi, ZS, AM