LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 6, 1997
         
         
      TO: Honorable Rodney Ellis, Chair            IN RE:  Senate Bill No. 621
          Committee on Jurisprudence                              By: Duncan/et al.
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB621 ( Relating 
to the appointment, election, and retention or rejection of 
appellate justices and judges and to elimination of a straight-party 
vote in connection with appellate and district) this office 
has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB621-As Introduced
         

Implementing the provisions of the bill would result in a 
net negative impact of $(123,000) 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 be the enabling legislation for SJR 25, which 
relates to the appointment, election, and retention election 
of appellate justices and judges.  The bill would require justices 
and judges on the Supreme Court, Court of Criminal Appeals and 
Courts of Appeals to stand for a partisan election for a full 
six-year term and then stand for a nonpartisan retention election 
for a full six-year term.

The bill would eliminate straight 
party voting for both district and appellate judges and would 
prohibit write-in voting in a retention election.

 
Methodolgy
 
The Secretary of State estimates that the loss of filing fees 
for appellate judges who would run in a retention election would 
be $123,000 in fiscal year 1998 for 12 statewide positions for 
places on the Supreme Court and Court of Criminal Appeals and 
17 appellate positions for places on the Courts of Appeals; 
$204,000 in fiscal year 2000 for the 12 statewide positions 
and 44 appellate positions; and $129,000 in fiscal year 2002 
for the 12 statewide positions and 19 appellate positions.
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 Revenue   
            Gain/(Loss) from                                                                              
            General Revenue                                                                               
            Fund                                                                                          
            0001                                                                                           
       1998        ($123,000)                                                                        
       1998                 0                                                                        
       2000         (204,000)                                                                        
       2001                 0                                                                        
       2002         (129,000)                                                                        
 


 
         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           ($123,000)
               1999                    0
               2000            (204,000)
               2001                    0
               2002            (129,000)
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
No fiscal implication to units of local government is anticipated.
          
   Source:            Agencies:   307   Secretary of State
                                         
                      LBB Staff:   JK ,BB ,JC