LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 23, 2025 TO: Honorable Sam Harless, Chair, House Committee on Corrections FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1482 by Leo Wilson (relating to changing the eligibility for community supervision for certain repeat intoxication offenders.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HB1482, Committee Report 1st House, Substituted: a positive impact of $3,105,677 through the biennium ending August 31, 2027. Long-term costs related to an increase in the number of individuals admitted into a state correctional institution with longer average time until parole release would depend upon disposition of related cases and admission to a state correctional institution.Additional significant costs may be anticipated depending on the number of certain intoxication cases where a defendant has been previously convicted two or more times of any combination of such offenses; however, the fiscal impact cannot be determined due to the lack of statewide data necessary to identify such previous convictions.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 Funds2026$155,8122027$2,949,8652028($93,408,979)2029($223,808,746)2030($290,037,179)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund12026$155,8122027$2,949,8652028($93,408,979)2029($223,808,746)2030($290,037,179) Fiscal AnalysisThe bill would remove eligibility for judge-ordered community supervision and delay average time to release on parole for a defendant adjudged guilty of certain intoxication offenses if it is shown that the defendant has been previously convicted two or more times of one of those offenses or any combination of those offenses. LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 23, 2025 TO: Honorable Sam Harless, Chair, House Committee on Corrections FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1482 by Leo Wilson (relating to changing the eligibility for community supervision for certain repeat intoxication offenders.), Committee Report 1st House, Substituted TO: Honorable Sam Harless, Chair, House Committee on Corrections FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB1482 by Leo Wilson (relating to changing the eligibility for community supervision for certain repeat intoxication offenders.), Committee Report 1st House, Substituted Honorable Sam Harless, Chair, House Committee on Corrections Honorable Sam Harless, Chair, House Committee on Corrections Jerry McGinty, Director, Legislative Budget Board Jerry McGinty, Director, Legislative Budget Board HB1482 by Leo Wilson (relating to changing the eligibility for community supervision for certain repeat intoxication offenders.), Committee Report 1st House, Substituted HB1482 by Leo Wilson (relating to changing the eligibility for community supervision for certain repeat intoxication offenders.), Committee Report 1st House, Substituted Estimated Two-year Net Impact to General Revenue Related Funds for HB1482, Committee Report 1st House, Substituted: a positive impact of $3,105,677 through the biennium ending August 31, 2027. Long-term costs related to an increase in the number of individuals admitted into a state correctional institution with longer average time until parole release would depend upon disposition of related cases and admission to a state correctional institution.Additional significant costs may be anticipated depending on the number of certain intoxication cases where a defendant has been previously convicted two or more times of any combination of such offenses; however, the fiscal impact cannot be determined due to the lack of statewide data necessary to identify such previous convictions.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 HB1482, Committee Report 1st House, Substituted: a positive impact of $3,105,677 through the biennium ending August 31, 2027. Long-term costs related to an increase in the number of individuals admitted into a state correctional institution with longer average time until parole release would depend upon disposition of related cases and admission to a state correctional institution.Additional significant costs may be anticipated depending on the number of certain intoxication cases where a defendant has been previously convicted two or more times of any combination of such offenses; however, the fiscal impact cannot be determined due to the lack of statewide data necessary to identify such previous convictions.The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. Long-term costs related to an increase in the number of individuals admitted into a state correctional institution with longer average time until parole release would depend upon disposition of related cases and admission to a state correctional institution.Additional significant costs may be anticipated depending on the number of certain intoxication cases where a defendant has been previously convicted two or more times of any combination of such offenses; however, the fiscal impact cannot be determined due to the lack of statewide data necessary to identify such previous convictions.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: 2026 $155,812 2027 $2,949,865 2028 ($93,408,979) 2029 ($223,808,746) 2030 ($290,037,179) All Funds, Five-Year Impact: 2026 $155,812 2027 $2,949,865 2028 ($93,408,979) 2029 ($223,808,746) 2030 ($290,037,179) Fiscal Analysis The bill would remove eligibility for judge-ordered community supervision and delay average time to release on parole for a defendant adjudged guilty of certain intoxication offenses if it is shown that the defendant has been previously convicted two or more times of one of those offenses or any combination of those offenses. Methodology Population trends based on the January 2025 Biennial Report on Adult Criminal Justice Populations report were analyzed to determine the number of individuals who, under the bill's provisions, would no longer be eligible for community supervision and instead would likely be admitted into a state correctional institution, and to determine on average how much longer they would remain before possible release to parole supervision. In fiscal year 2024, there were 2,904 individuals who likely would have been admitted into a state correctional facility instead of being placed on community supervision under the bill's provisions for a specific offense of driving, boating, or flying while intoxicated with at least two previous convictions of that same offense. Additionally, 108 of those individuals were admitted into a Substance Abuse Felony Punishment Facility as a condition of felony community supervision. In fiscal year 2024, there were 1,665 individuals released from prison to parole supervision for a specific offense of driving, boating, or flying while intoxicated with at least two previous convictions of that same offense. Under the bill's provisions, existing parole release procedures would require these individuals to serve an additional amount of time equal on average to approximately 1.0 year before reaching eligibility for release.Statewide data does not exist to identify additional cases where a defendant was previously convicted two or more times of any combination of certain intoxication offenses and would be ineligible for community supervision or would be required to serve a longer sentence before release to parole under the bill's provisions.Savings and costs are based on the January 2025 Biennial Report on Adult Criminal Justice Populations state uniform costs per day for an adult on felony community supervision ($2.44), for an adult admitted into a Substance Abuse Felony Punishment Facility ($85.04), for an adult incarcerated in a Texas Department of Criminal Justice (TDCJ) systemwide facility ($86.50), and for an adult released from TDCJ to parole supervision ($4.69).The estimated impact on adult correctional populations would follow population trends observed in fiscal year 2024, including placements on supervision, admissions to prison, releases to parole supervision, average time between offense and admission, and average length of supervision or stay. Local Government Impact While the fiscal impact to units of local government cannot be determined, it would be contingent on costs associated with enforcement, prosecution, supervision, or confinement related to certain intoxication offenses. While the fiscal impact to units of local government cannot be determined, it would be contingent on costs associated with enforcement, prosecution, supervision, or confinement related to certain intoxication offenses. Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 537 State Health Services, Department of, 696 Department of Criminal Justice 212 Office of Court Administration, Texas Judicial Council, 537 State Health Services, Department of, 696 Department of Criminal Justice LBB Staff: b > td > JMc, MGol, AMr, DGI JMc, MGol, AMr, DGI