LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
April 6, 1997
TO: Honorable Rodney Ellis, Chair IN RE: Senate Bill No. 628
Committee on Jurisprudence By: Gallegos
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB628 ( 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 SB628-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 the Government Code
to provide for the retention election of justices of the Supreme
Court, Court of Criminal Appeals and Court of Appeals 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 in the primary, resulting in a loss
of revenue to 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
cost for salary and benefits for each new district judge is
estimated at $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 subsequent fiscal years would be $842,160
annually.
The Secretary of State estimates that the largest
cost of 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. The annual cost for Dallas County
is estimated at approximately $3,300,000 for three district
courts. Harris County would experience a cost of $1,850,000
in the first year and $1,400,000 annually thereafter. In Tarrant
County, costs are projected to be about $1,950,000 annually
for three new courts. Costs for Bexar County are expected to
be approximately $245,000 annually.
Source: Agencies: 212 Office of Court Administration
307 Secretary of State
LBB Staff: JK ,BB ,JC