Estimated Two-year Net Impact to General Revenue Related Funds for HB439, As Introduced : a negative impact of ($9,542,364) through the biennium ending August 31, 2023.

DPS indicates the bill's requirement to exclude the weight of adulterants or dilutants from the weight of the marijuana concentrate will require the application of a quantitation methodology for each item tested. This process would require a more protracted analysis period that has been determined to take approximately four times the amount of time for other controlled substances testing. Additionally, no current methodology has been developed to perform this specific type of analysis. DPS expects it would take at least six months to develop this methodology.

According to DPS, a DPS Crime Lab Forensic Scientist is expected to complete analyses of 70 cases per month under normal conditions, equating to 840 cases per year. Using the quantitation method, a scientist can only reasonably complete 210 cases per year. Annual case submission increases over the last several years would suggest an average 79 percent increase each year, however, DPS' Crime Laboratory Division (CLD) assumes a 12.5 percent increase in submissions. According to DPS, if increases continue as they have in the past, the fiscal implications of the bill would be significantly higher.
 
The following table indicates the number of new cases that would be expected to be received and the number of additional Forensic Scientists that would be required to complete the work within the current performance measure targets.

Year	# of Cases	Additional Cases	Additional Forensic Scientists Each Year	Cumulative Total
2022	14020	1558	17	17
2023	15773	1753	19	36
2024	17745	1972	21	57
2025	19963	2218	24	81
2026	22458	2495	27	108

DPS indicates it would require 23.0 Forensic Scientist II, 3.0 Forensic Scientist IV, 3.0 Crime Laboratory Specialist III, 1.0 Quality Assurance Specialist III, and 4.0 Program Supervisor V to implement provision's of the bill. The total cost for hiring 34.0 FTEs is estimated to be $2,758,756 in each fiscal year, which includes salary, benefits, and retirement.
 
Additionally, DPS indicates Crime Labs are at a full space capacity and any new FTEs would need to be housed in additional space. DPS proposes three locations (Dallas area, Austin area, and Weslaco area) to operate new labs for the purpose of this bill. The agency estimates that facility costs (including rent, security, finish out, and storage) are basic costs and actual costs may be significantly higher depending on actual case submissions. Capital equipment costs ($1,008,000 in fiscal year 2022) and ongoing maintenance contracts ($12,600 in each year starting in fiscal year 2024) for that equipment are also included at a rate of one liquid chromatography mass spectrometry (LCMS) instrument for every three forensic scientists. DPS estimates the need for four vehicles at a cost of $98,560 in fiscal year 2022 – one for each of the new satellite labs and one for the Quality Assurance Specialist who will be expected to travel between the locations consistently. DPS' CLD indicates that if the bill would include adulterants and dilutants in the weight of the controlled substance, it would revert the process back to a non-qualitative methodology and the impact would be significantly reduced.