The Legislative Budget Board met on September 25 to hear from the Department of Public Safety concerning the agency’s Legislative Appropriation Request for the 86th Session and key exceptional items.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing, but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Agency Presentation

Steven McCraw, Department of Public Safety

  • DPS has an internal process for assessing needs, e.g. in how many officers are needed, resources as support, threat forecasts, etc.; gave an overview of assessment process
  • Highlights how DPS activities are focused around preventing incidents, also has a robust response function
  • Will always be a scarcity of resources for law enforcement, best way to address this is collaboration between enforcement entities; highlights differing public safety priorities like border security, anti-gang activity, crime enforcement, etc.
  • Impact felt from crime is hardest on community, important to consider when prioritizing resources & developing preventative enforcement and also response
  • DPS is short on border security agents in baseline, also have an exceptional item for 5,000 more border security agents
  • Exceptional item 1 – Driver License Staff & Salary
    • Need 1,900 staff to fully staff drivers license offices, but unable to retain personnel at $26k/year; position has evolved into technical examinations
    • Pay is the highest priority, staff number is the next highest; some offices only have 1 or 2 staff
  • Also going to ask for enabling language to leverage FAST locations
  • Exceptional Item 2 – Aircraft/Vehicle Replacement
    • Not asking for new vehicles, asking for replacement of aircraft with ever-increasing maintenance needs
    • 5 helicopters, pursuit vehicles replacement; statistics show can save lives by moving to SUVs

 

Skylor Hearn, Department of Public Safety

  • Exceptional Item 3 – Budget Stabilization for last year’s decrease
    • $5.8 million stabilization to offset lack of charge for service despite authorization
    • Need for this will be determined by budget hole for crime lab in the next biennium
    • $14 million to cover Gov’s initiative for sexual assault kit testing, includes FTEs and equipment
    • Also funding for an overall backlog reduction for drugs, alcohol, and DNA
  • Exceptional Item 4 – Commissioned Levels of DPS
    • Support for refill of existing positions, vacant due to promotions, etc.
    • Provides ability to run an additional 100 recruit school per year
  • Exceptional Item 5 – FTE restoration
    • Lost 300 FTEs last year due to 4% cut, this does not include driver license personnel
  • McCraw, DPS – Need for more troopers is heard around the state
  • Hearn, DPS – Still have more people than we have funding for positions
  • Exceptional Item 6 – IT, Cyber, & Disaster Recovery
    • Have a 4-year old cybersecurity program, trying to achieve goals of HB 8 and state’s cybersecurity plan
    • Also includes recovery for data after disasters & modernization of legacy systems (cash receiving, criminal history mainframe, etc.)
  • Exceptional Item 7 – iWatch Texas
    • School year is new, unsure on how many districts will use this program
    • Placeholder until funding is determined closer into session
  • McCraw, DPS – IF usage gets to be in the thousands, our Fusion Center would be a choke point for resources
  • Exceptional Item 8 – Cost of Facility Leases
    • Have several leased driver license facilities, have a CPI increase built in & costs going up year-by-year by roughly 2%
    • Asking for $15 million total for deferred maintenance, though need likely outstrips the amount
    • If $12 million from ESF stays in DPS budget, then would only need $3 million, but if last
  • Exceptional Item 9 – Contract/File Management
    • Procure document management system, personnel file retention
    • Also for facility management system & fleet management system
    • CAPPS does not support asset management system DPS has
  • Exceptional Item 10 – Crime Scene Improvement for Ranger Division
    • 12 FTEs to have 6 teams of 2 crime scene technicians for use by the Ranger division
    • Includes crime scene response vehicle to assist with getting resources to rural areas
  • Exceptional Item 11 – Human Trafficking and Anti-Gang Activities
    • Increasing special agents to have dedicated squads focused on human trafficking

 

Questions from Joint Legislative/LBB Panel

  • Question – We had passthrough funds for the Military Department for personnel on the board, is there anywhere in here in case this mission goes back to
    • Susie CFO DPS $5 million over biennium for surge activities, but all has been transferred to Military Department; it is in baseline for next session
  • Question – Can you speak to how commercial licenses fit into driver license strategy & DLIP
    • McCraw, DPS – We view it as a single program; the only thing solely CDL are the agreements or new licensing lanes
    • CDL is ~5% of overall program, DPS does not see much of a difference between CDL and DL; no special CDL side of the office
  • Question – Regarding the exceptional item for human trafficking, is there overlap between the human trafficking and anti-gang squads? Can you also speak to results now and projected results?
    • Hearn, DPS – Special agents are interchangeable between priorities, currently most significant threat is gangs
    • Gangs are also involved in trafficking, investigations are not unlike the organized crime investigations
    • Resources will be dedicated
    • McCraw, DPS – gang squads are a separate sub item and each would be dedicated to their function
  • Question – Can you speak to Hurricane Harvey, supplemental items, or any future costs not yet considered?
    • McCraw, DPS – We moved $40 million from FY19 to cover FY18 expenses, with direction to do this up to $100 million; trying to do this without special funds, but supplemental request will
    • $45.8 to $105.8 will be supplemental ask, Harvey could add to this
  • Question – Is this $100 million just for FY18 and there would be FY19 costs as well?
    • Yes
  • Question – Were there other alternatives for FTEs contemplated for the drive license program
    • Yes, trying every initiative we have control over, partnering with DIR for online portal
    • Also working on outreach and education for ways to renew without coming in
  • Question – Have you fully migrated to state data center?
    • No, still in process of determining what can move and how
  • Question – DPS got $4.2 million added last session to address sexual assault kit backlog, can you give an update on this?
    • Initially the $4.2 million was going to be outsourced entirely, but there is not enough capacity at outside labs to cover this amount
    • Struggling to find contractors for these services, have not had a response on open bid
    • UNT is the sole partner currently
    • $4.2 million was tied back to Sept. 2016 backlog amount, but there will not be a zero; will have more kits considering rates of sexual assault
  • Question – How many outside vendors are there that do testing nationwide?
    • 3 significant ones that will take any kind of volume, UNT does a substantial amount
  • Question – Could you explain what equipment would do and how it would benefit crime lab?
    • Would allow us to run operations after hours in some case, also looking at processes and efficiencies available
  • Question – Of the backlog, how may days over 90 are those on average, does this grow?
    • It varies by lab, can follow up with exact; lab numbers vary largely by staff numbers
  • Question – Heard testimony from School for the Deaf over DPS patrolling campuses, can you go into detail on public school requests from the department
    • Hearn, DPS – Law enforcement presence is a deterrent for events, idea is to have troopers be present on school grounds

 

Public Testimony

Richard Jankovsky, Department of Public Safety Officers Association

  • DPSOA supports DPS’ LAR, asks legislature to restore funding for FTEs
  • Support efforts to maintain 50-hour work week, but ask that pay is counted towards retirement
  • Should also consider pay levels & competitiveness with other law enforcement offices

 

Susan Nelson, Texas Gun Sense

  • Focus seems to be on driver license and road safety, would be beneficial to educate public on safe storage of firearms and firearm handling