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