LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 21, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  Senate Bill No. 310, Committee Report 1st House, Substituted
          Committee on Finance                              By: Brown
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB310 ( relating 
to certain judicial salaries) this office has detemined the 
following:
         
         Biennial Net Impact to General Revenue Funds by SB310-Committee Report 1st House, Substituted
         
Implementing the provisions of the bill would result in a net 
negative impact of $(13,053,332) to General Revenue Related 
Funds through the biennium ending August 31, 1999.
         
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 provide for a justice of the 
Supreme Court to receive an annual salary from the state that 
is at least $102,463.  The bill would also provide that visiting 
judges would receive a salary that was the greater of the regular 
judge's salary from the state on August 31, 1997 or 85 percent 
of the regular judge's salary from the state.

The bill would 
take effect September 1, 1997.
         
 
Fiscal Analysis
 
The salary provisions of the bill would provide for salary increases 
for the judges of the Supreme Court, Court of Criminal Appeals, 
fourteen Courts of Appeals and the state district courts as 
provided in Section 659.012 of the Government Code.  Salaries 
of the district attorneys would also be increased pursuant to 
Section 46.003 and Section 41.013 of the Government Code.  The 
salaries of retired and former judges serving as visiting judges 
would be capped at 85% of the sitting judge's salary, or the 
salary from the state on August 31, 1997, whichever was greater.

The 
proposed salary changes would impact the Employees Retirement 
System (ERS) since benefits for members of the elected class 
are based on the salary of a district judge.  The bill would 
increase the liabilities and the normal cost of the ERS slightly 
as a result of the increase in benefits.  However, the fund 
has a large actuarial surplus and could absorb these increases. 
 An increase in state contributions to the program would not 
be necessary.

The costs for the state's contributions to 
the Judicial Retirement System Plan Two (JRS-2)  would increase 
as a result of the increase in total judicial payroll.  Additionally, 
the liabilities of the JRS-2 would increase, along with the 
amortization period.  However, the amortization period would 
still be below the 30 year period required by statute; therefore, 
an increase in the contribution rate would not be necessary. 
 At the current state contribution rate of 16.54%, the increase 
in state contributions resulting from the increased payroll 
would be $450,000 in FY1998, $487,930 in FY1999, $490,246 in 
FY2000, $512,740 in FY2001, and $514,394 in FY2002.

The increase 
in salaries would also impact the state's expenditures for the 
Judicial Retirement System Plan One (JRS-1) because the benefits 
of retired judges in the system are based on current judicial 
salaries.  Since this program is funded on a pay-as-you-go basis, 
an increase in pension benefits results in a direct increase 
in state expenditures.  The increase in benefits expenditures 
resulting from this bill would be $1.5 million in FY1998, $1.6 
million in FY1999, $1.7 million in FY2000, $1.8 million in FY2001, 
and $2.0 million in FY2002.
 
Methodolgy
 
Using the calculations, provided in the bill for salary adjustments, 
the Chief Justice of the Supreme Court and the Presiding Judge 
of the Court of Criminal Appeals would receive $105,247, the 
justices of the Supreme Court and Court of Criminal Appeals 
would receive $102,463, the Chief Justice of a Court of Appeals 
would receive $97,870 and a justice of the Court of Appeals 
would receive $97,340 annually.  District court judges would 
receive an increase to $92,217 annually, as would prosecutors 
within the professional prosecutors act.  Prosecutors with general 
felony jurisdiction, not within the professional prosecutors 
act, would receive $73,774 annually.  The salary apportionment 
for the county attorney performing the duties of a district 
attorney in Oldham County would increase to $22,132 annually.
The probable fiscal implications of implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable           
            Savings/(Cost)                                                                                
            from General                                                                                  
            Revenue Fund                                                                                  
            0001                                                                                           
       1998      ($6,457,701)                                                                        
       1998       (6,595,631)                                                                        
       2000       (6,697,947)                                                                        
       2001       (6,820,441)                                                                        
       2002       (7,022,095)                                                                        
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998         ($6,457,701)
               1999          (6,595,631)
               2000          (6,697,947)
               2001          (6,820,441)
               2002          (7,022,095)
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No significant fiscal implication to units of local government 
is anticipated.
          
   Source:            Agencies:   304   Comptroller of Public Accounts
                                         
                      LBB Staff:   RR ,SC ,DC