LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 6, 1997
TO: Honorable Rodney Ellis, Chair IN RE: Senate Bill No. 409
Committee on Jurisprudence By: Ellis
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB409 ( Relating
to the appointment of appellate justices and judges, to the
nonpartisan election of district judges, to the retention or
rejection of district and appellate judges, and to the creation
of) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by SB409-As Introduced
Implementing the provisions of the bill would result in a
net negative impact of $(27,069,800) 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.
Fiscal Analysis
This bill would amend the Election Code and Government Code
to provide for the retention election of Supreme Court, Court
of Criminal Appeals and Court of Appeals Justices at the end
of their terms. The bill would also provide for the election
of judges followed by two cycles of retention election. The
election of judges would be on a nonpartisan ballot and would
be held in conjunction with the general election for state and
county officers. The Secretary of State would be required to
publish and mail a candidates guide for candidates running in
the nonpartisan judicial election.
The bill would also create
a new district court in Bexar County, three courts in Dallas
County, one court in Harris County, and three courts in Tarrant
County. The new district courts would be created effective
January 1, 1998.
Methodolgy
The Secretary of State estimated the number of judges who would
no longer run for election, resulting in a loss of revenue in
the primary finance fund, and the number of district judges
who would run in the retention election, resulting in a probable
gain to general revenue. The Secretary of State assumed that
two candidates in each of the races would have filed for election
had the office not been up for retention election or would file
if the office were up for election.
The Comptroller of Public
Accounts estimates that the cost for salary and benefits for
each new district judge would be $105,270 annually. The cost
of creating the eight new courts in fiscal year 1998 would be
$581,440, and the cost of the courts in fiscal year 1999 and
thereafter would be $842,160 annually.
The Secretary of State
estimates that the largest cost in the bill would be the cost
of publishing and mailing a candidates guide to the estimated
6,365,000 household registered voters in Texas. If each household
had a district judge running for election, the Secretary of
State would be required to mail to all households. The cost
of publishing and mailing the candidates guide is estimated
at $4.00 each x 6,365,000 = $25,460,000 in each general election
year.
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 Probable Revenue Probable Revenue
Savings/(Cost) Gain/(Loss) from Gain/(Loss) from
from General General Revenue General Revenue
Revenue Fund Fund Fund
0001 0001 0001
1998 ($26,021,440) $290,400 ($496,600)
1998 (842,160) 0 0
2000 (26,302,160) 243,000 (456,000)
2001 (842,160) 0 0
2002 (26,302,160) 0 (793,000)
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 ($26,227,640)
1999 (842,160)
2000 (26,515,160)
2001 (842,160)
2002 (27,095,160)
Similar annual fiscal implications would continue as long as
the provisions of the bill are in effect.
The four counties which would have new district courts established
would have additional costs. Dallas County officials anticipate
annual cost of $3,300,000 for three district courts. Harris
County officials expect a cost of approximately $1,850,000 in
the first year and $1,400,000 annually thereafter. Tarrant
County costs are expected to be about $1,950,000 annually for
three new courts. Costs for Bexar County are expected to be
approximately $254,000 annually.
Source: Agencies: 212 Office of Court Administration
307 Secretary of State
304 Comptroller of Public Accounts
LBB Staff: JK ,BB ,JC