LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION March 11, 2025 TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB548 by Tepper (Relating to increasing the criminal penalty for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for HB548, As Introduced: a negative impact of ($4,238,731) through the biennium ending August 31, 2027. 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($6,103)2027($4,232,628)2028($13,857,230)2029($14,140,700)2030($14,320,666)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund12026($6,103)2027($4,232,628)2028($13,857,230)2029($14,140,700)2030($14,320,666) Fiscal AnalysisThe bill would increase criminal penalties for the offense of burglary of a vehicle. Under existing statute, the penalties for the offense range from Class A misdemeanor through third degree felony. Under the bill's proposed modifications, the penalty range would increase, ranging from state jail felony through second degree felony.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
March 11, 2025
TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB548 by Tepper (Relating to increasing the criminal penalty for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense.), As Introduced
TO: Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB548 by Tepper (Relating to increasing the criminal penalty for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense.), As Introduced
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB548 by Tepper (Relating to increasing the criminal penalty for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense.), As Introduced
HB548 by Tepper (Relating to increasing the criminal penalty for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB548, As Introduced: a negative impact of ($4,238,731) through the biennium ending August 31, 2027. 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 HB548, As Introduced: a negative impact of ($4,238,731) through the biennium ending August 31, 2027. 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:
2026 ($6,103)
2027 ($4,232,628)
2028 ($13,857,230)
2029 ($14,140,700)
2030 ($14,320,666)
All Funds, Five-Year Impact:
2026 ($6,103)
2027 ($4,232,628)
2028 ($13,857,230)
2029 ($14,140,700)
2030 ($14,320,666)
Fiscal Analysis
The bill would increase criminal penalties for the offense of burglary of a vehicle. Under existing statute, the penalties for the offense range from Class A misdemeanor through third degree felony. Under the bill's proposed modifications, the penalty range would increase, ranging from state jail felony through second degree felony.
Methodology
Based on the January 2025 Biennial Report on Adult Criminal Justice Populations Fiscal Years 2018 to 2030 report, the uniform cost per day for an adult incarcerated in a Texas Department of Criminal Justice systemwide facility was $86.50. While in fiscal year 2024, 92 individuals were admitted into prison for burglary of a vehicle, the bill's penalty increases, particularly the increase of a misdemeanor to a felony, are expected to result in a greater number of individuals admitted. The majority of releases in fiscal year 2024 for the offense of burglary of a vehicle were of individuals sentenced for the offense as a state jail felony, and their average length of stay was approximately 2.0 years, the statutory maximum for a state jail felony. Increasing the penalties to higher felony levels is expected to increase length of stay.Based on the January 2025 Biennial Report on Juvenile Justice Populations Fiscal Years 2018 to 2030 report, the uniform cost per day for a juvenile incarcerated in a Texas Juvenile Justice residential facility was $242.49. In fiscal year 2024, 764 individuals were referred for the Class A misdemeanor offense of burglary of a vehicle. Increasing the penalty to a state jail felony would make these individuals eligible for incarceration in a state juvenile residential facility. While existing data for the offense of burglary of a vehicle are insufficient to estimate the number of individuals which would be sentenced to incarceration in a state juvenile residential facility, data on the related offense, burglary, indicate that, under the provisions of the bill, 20 of the 764 who received a referral in fiscal year 2024 would have been incarcerated in a state juvenile residential facility, with an average length of stay of approximately 1.0 year.
Local Government Impact
While the fiscal impact to units of local government cannot be determined and would be contingent on costs associated with enforcement, prosecution, supervision, or confinement related to burglary of a vehicle, the Office of Court Administration indicates that increasing the punishment from a misdemeanor to a felony may reduce the docket volume of county level courts.
Source Agencies: b > td > 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff: b > td > JMc, MGol, AMr, DGI
JMc, MGol, AMr, DGI