LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 9, 1997
TO: Honorable Rodney Ellis, Chair IN RE: Senate Bill No. 409, Committee Report 1st House, Substituted
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 certain judicial districts.) this office has detemined the
following:
Biennial Net Impact to General Revenue Funds by SB409-Committee Report 1st House, Substituted
Implementing the provisions of the bill would result in a
net negative impact of $(1,609,800) 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 and Government Codes 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 elections. 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
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 (SOS) estimated the number of judges
who would no longer run for election, resulting in a loss of
revenue in the primary finance fund, as well as the number of
district judges who would run in the retention election, resulting
in a probable gain to the General Revenue Fund. The SOS 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 estimated 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 $561,440, and the cost of the courts in fiscal year 1999
and thereafter would be $842,160 annually.
The probable fiscal implications of implementing the provisions
of the bill during each of the first five years following passage
are 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 ($561,440) $290,400 ($496,600)
1998 (842,160) 0 0
2000 (842,160) 243,000 (456,000)
2001 (842,160) 0 0
2002 (842,160) 0 (793,000)
Net Impact on General Revenue Related Funds:
Fiscal Year Probable Net Postive/(Negative)
General Revenue Related Funds
Funds
1998 ($767,640)
1999 (842,160)
2000 (1,055,160)
2001 (842,160)
2002 (1,635,160)
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
an 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:
304 Comptroller of Public Accounts
307 Secretary of State
LBB Staff: JK ,BB