LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION March 19, 2017 TO: Honorable Gary Elkins, Chair, House Committee on Government Transparency & Operation FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB9 by Capriglione (Relating to cybercrime; creating criminal offenses.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code relating to computer crimes to create two criminal offenses: electronic access interference and electronic data tampering. The bill also would provide for criminal penalties for these offenses and certain defenses to prosecution.According to the Office of Court Administration, any increased caseload would likely be absorbed within existing resources. This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant fiscal impact on state correctional agencies. The bill would take effect September 1, 2017 and would apply only to an offense committed on or after the effective date of the Act. Local Government Impact According to the Texas Association of Counties, the fiscal impact to counties is not anticipated to be significant. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice LBB Staff: UP, LBO, LM, AKU, RC, JGA LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION March 19, 2017 TO: Honorable Gary Elkins, Chair, House Committee on Government Transparency & Operation FROM: Ursula Parks, Director, Legislative Budget Board IN RE:HB9 by Capriglione (Relating to cybercrime; creating criminal offenses.), As Introduced TO: Honorable Gary Elkins, Chair, House Committee on Government Transparency & Operation FROM: Ursula Parks, Director, Legislative Budget Board IN RE: HB9 by Capriglione (Relating to cybercrime; creating criminal offenses.), As Introduced Honorable Gary Elkins, Chair, House Committee on Government Transparency & Operation Honorable Gary Elkins, Chair, House Committee on Government Transparency & Operation Ursula Parks, Director, Legislative Budget Board Ursula Parks, Director, Legislative Budget Board HB9 by Capriglione (Relating to cybercrime; creating criminal offenses.), As Introduced HB9 by Capriglione (Relating to cybercrime; creating criminal offenses.), As Introduced No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code relating to computer crimes to create two criminal offenses: electronic access interference and electronic data tampering. The bill also would provide for criminal penalties for these offenses and certain defenses to prosecution.According to the Office of Court Administration, any increased caseload would likely be absorbed within existing resources. This analysis assumes the provisions of the bill addressing felony sanctions for criminal offenses would not result in a significant fiscal impact on state correctional agencies. The bill would take effect September 1, 2017 and would apply only to an offense committed on or after the effective date of the Act. Local Government Impact According to the Texas Association of Counties, the fiscal impact to counties is not anticipated to be significant. A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in jail for a term not to exceed one year, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication. Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice 212 Office of Court Administration, Texas Judicial Council, 696 Department of Criminal Justice LBB Staff: UP, LBO, LM, AKU, RC, JGA UP, LBO, LM, AKU, RC, JGA