LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 26, 1997
         
         
      TO: Honorable Bob Bullock            IN RE:  Senate Bill No. 1417, As Passed 2nd House
          Lieutenant Governor                By: Ellis
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB1417 ( Relating 
to judicial efficiency.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB1417-As Passed 2nd House   FN Revision 1
         
Implementing the provisions of the bill would result in a net 
positive impact of $24,765,075 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 establish a Time Payment Fee 
of $25 which would be assessed by clerks of district, county, 
municipal and justice courts on persons who sought to pay a 
court fine or court costs or restitution over a period of time. 
 The county would send 50% of the fees collected to the comptroller 
to deposit in the General Revenue Fund.  The custodian of the 
county treasury could retain 40% of the fees collected in the 
general revenue account of the county.  The remaining 10% of 
the fees collected shall be deposited in the general fund of 
the county to improve judicial efficiency.

The bill would 
direct the Office of Court Administration (OCA) to publish a 
report regarding the demographic profile of the judicial law 
clerks and attorneys employed by the courts of the state, directs 
the agency to adopt rules and forms for collecting and reporting 
the aggregate clearance rate of cases for the district courts. 
and other performance information for the Supreme Court, Court 
of Criminal Appeals and fourteen courts of appeals, and gives 
the agency additional responsibilities.

The bill would also 
establish the Judicial Committee on Information Technology and 
provides that members may receive reimbursement for travel expenses. 
 The bill also would create the Judicial Technology Account 
in the Judicial Fund to be used for the support of programs, 
approved by the committee, that provide technological support 
to the judiciary.  

The Supreme Court would be authorized 
to impose a charge for access to information that exists on 
the computerized electronic judicial information system.  
         
 
Fiscal Analysis
 
The bill creates the Judicial Technology Account within the 
Judicial Fund.  No source of revenue is provided, the Judicial 
Technology Account would receive funds by appropriation from 
the Legislature.
 
Methodolgy
 
It is estimated that approximately thirty five percent of the 
5,454,299 eligible cases in district, county, justice and municipal 
court would take advantage of the time payment fee.   At $25 
a case, there would be $47,725,116 in time payment fees annually. 
 Fifty percent of the fees, $23,862,558 would go into the state 
general revenue fund.  Forty percent, or $19,090,046 million 
would be deposited into the general revenue account of the county 
or municipality.  The remaining 10 percent or $4,772,512,  would 
be deposited into the general fund of the county to improve 
judicial efficiency.  

Costs to the Office of Court Administration 
would be:  $5,000 in each year for the demographic census, $70,200 
in FY 98 and $60,500 in FY 99 for court performance standards, 
$5,451,306 in FY 98 and $5,436,756 in FY 99 for the Judicial 
Committee on Information Technology. 
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   Probable           Change in Number   
            Gain/(Loss) from   Savings/(Cost)     of State                                                
            General Revenue    from General       Employees from                                          
            Fund               Revenue Fund       FY 1997                                                 
            0001               0001                                                                        
       1998       $11,931,279      ($5,526,506)              34.0                                    
       1998        23,862,558       (5,502,256)              34.0                                    
       2000        23,862,558       (5,502,256)              34.0                                    
       2001        23,862,558       (5,502,256)              34.0                                    
       2002        23,862,558       (5,502,256)              34.0                                    
 
 
         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           $6,404,773
               1999           18,360,302
               2000           18,360,302
               2001           18,360,302
               2002           18,360,302
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
It is anticipated that there would be increased revenues of 
approximately $23.9 million annually to local units of government.
          
   Source:            Agencies:   
                                         
                      LBB Staff:   JK ,PE ,DC