LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION April 28, 2025 TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1660 by Huffman (Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.), As Introduced Estimated Two-year Net Impact to General Revenue Related Funds for SB1660, As Introduced: a negative impact of ($2,812,444) 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($1,561,288)2027($1,251,156)2028($1,251,156)2029($1,251,156)2030($1,251,156)All Funds, Five-Year Impact: Fiscal Year Probable Savings/(Cost) fromGeneral Revenue Fund1 Change in Number of State Employees from FY 20252026($1,561,288)8.02027($1,251,156)8.02028($1,251,156)8.02029($1,251,156)8.02030($1,251,156)8.0 Fiscal AnalysisThe bill would direct crime laboratories in possession of toxicological evidence to annually notify prosecutor's offices in the county in which the offense occurred and provide the prosecutor's offices with the date on which the retention period for the evidence expires. The bill would also add certain rules related to the destruction of stored evidence.
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
April 28, 2025
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: SB1660 by Huffman (Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.), As Introduced
TO: Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: SB1660 by Huffman (Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.), As Introduced
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
SB1660 by Huffman (Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.), As Introduced
SB1660 by Huffman (Relating to the retention and preservation of toxicological evidence of certain intoxication offenses.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB1660, As Introduced: a negative impact of ($2,812,444) 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 SB1660, As Introduced: a negative impact of ($2,812,444) 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 ($1,561,288)
2027 ($1,251,156)
2028 ($1,251,156)
2029 ($1,251,156)
2030 ($1,251,156)
All Funds, Five-Year Impact:
2026 ($1,561,288) 8.0
2027 ($1,251,156) 8.0
2028 ($1,251,156) 8.0
2029 ($1,251,156) 8.0
2030 ($1,251,156) 8.0
Fiscal Analysis
The bill would direct crime laboratories in possession of toxicological evidence to annually notify prosecutor's offices in the county in which the offense occurred and provide the prosecutor's offices with the date on which the retention period for the evidence expires. The bill would also add certain rules related to the destruction of stored evidence.
Methodology
The annual notification requirement will require crime laboratories to liaise with local prosecutor's offices to obtain adjudication disposition status of offenses with toxicology evidence to determine the retention period as outlined in the provisions of the bill. According to the Department of Public Safety (DPS), crime laboratories do not have access to case disposition and dispositions are not entered into any DPS-hosted crime statistics software. Therefore, this analysis assumes that DPS would need 8 full-time equivalent positions including 6.0 Program Specialist IV, 1.0 Program Supervisor VI, and 1.0 Program Specialist V to work with prosecutor's offices to obtain adjudication disposition status for cases with toxicological evidence and determine retention periods.According to the Office of Court Administration, no significant fiscal impact to the state court system is anticipated.
Local Government Impact
There may be costs for local crime laboratories to obtain disposition information from local prosecutor's offices; however, the fiscal implications of the bill to units of local government cannot be determined at this time.
Source Agencies: b > td > 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: b > td > JMc, MGol, CSh, KVEL, JPa
JMc, MGol, CSh, KVEL, JPa