LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION March 30, 2023 TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1927 by Hughes (relating to the appointment, duties, and removal of the state prosecuting attorney.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for SB1927, Committee Report 1st House, Substituted : a negative impact of ($1,382,420) through the biennium ending August 31, 2025. 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 toGeneral Revenue Related Funds2024($698,321)2025($684,099)2026($684,984)2027($701,934)2028($685,889)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20232024($698,321)5.02025($684,099)5.02026($684,984)5.02027($701,934)5.02028($685,889)5.0 Fiscal AnalysisThe bill would amend the Government Code to provide that the Supreme Court of Texas, rather than the Court of Criminal Appeals, would appoint the state prosecuting attorney and would have the power to remove state prosecuting attorneys from office for good cause. The bill would give the state prosecuting attorney concurrent jurisdiction to represent Texas in district and inferior courts in a criminal case in which the criminal conduct alleged relates to a violation of state election law, a violation of Chapters 170 (Prohibited Acts Regarding Abortion) or 171 (Abortion), Health and Safety Code, or an offense under Chapters 20A (Trafficking of Persons), 36 (Bribery and Corrupt Influence), or 39 (Abuse of Office), Penal Code.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
March 30, 2023
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1927 by Hughes (relating to the appointment, duties, and removal of the state prosecuting attorney.), Committee Report 1st House, Substituted
TO: Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1927 by Hughes (relating to the appointment, duties, and removal of the state prosecuting attorney.), Committee Report 1st House, Substituted
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1927 by Hughes (relating to the appointment, duties, and removal of the state prosecuting attorney.), Committee Report 1st House, Substituted
SB1927 by Hughes (relating to the appointment, duties, and removal of the state prosecuting attorney.), Committee Report 1st House, Substituted
Estimated Two-year Net Impact to General Revenue Related Funds for SB1927, Committee Report 1st House, Substituted : a negative impact of ($1,382,420) through the biennium ending August 31, 2025. 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 SB1927, Committee Report 1st House, Substituted : a negative impact of ($1,382,420) through the biennium ending August 31, 2025. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
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:
2024 ($698,321)
2025 ($684,099)
2026 ($684,984)
2027 ($701,934)
2028 ($685,889)
All Funds, Five-Year Impact:
2024 ($698,321) 5.0
2025 ($684,099) 5.0
2026 ($684,984) 5.0
2027 ($701,934) 5.0
2028 ($685,889) 5.0
Fiscal Analysis
The bill would amend the Government Code to provide that the Supreme Court of Texas, rather than the Court of Criminal Appeals, would appoint the state prosecuting attorney and would have the power to remove state prosecuting attorneys from office for good cause. The bill would give the state prosecuting attorney concurrent jurisdiction to represent Texas in district and inferior courts in a criminal case in which the criminal conduct alleged relates to a violation of state election law, a violation of Chapters 170 (Prohibited Acts Regarding Abortion) or 171 (Abortion), Health and Safety Code, or an offense under Chapters 20A (Trafficking of Persons), 36 (Bribery and Corrupt Influence), or 39 (Abuse of Office), Penal Code.
Methodology
Costs reflected in the table above are based on analysis provided by the Office of Court Administration (OCA). Personnel costs are based on salaries from the current staffing patterns at the Office of State Prosecuting Attorney. OCA does not have data regarding the cases under the new jurisdiction other than human trafficking cases. In fiscal year 2022, there were 2,339 cases filed. This analysis assumes that the Office of the State Prosecuting Attorney would have to hire additional staff, including two attorneys, one investigator, one legal assistant, and an administrative assistant. Salary, benefit, and payroll contribution costs would total $555,864 in fiscal year 2024; $597,008 in 2025; $597,008 in 2026; $597,008 in 2027 and $597,008 in 2028. Operating expenses would total $141,457 in fiscal year 2024; $87,091 in 2025; $87,976 in 2026; $104,926 in 2027 and $88,881. in 2028. Fiscal year 2024 includes one-time costs associated with setting up the additional staff and additional operating expenses.
Technology
Technology costs would be at the Office of Court Administration, which provides technology services to the judicial branch.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td >
LBB Staff: b > td > JMc, SMAT, MW, CMA
JMc, SMAT, MW, CMA