LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 7, 1997
         
         
      TO: Honorable Rodney Ellis, Chair            IN RE:  Senate Bill No. 1417
          Committee on Jurisprudence                              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 Introduced
         

Implementing the provisions of the bill would result in an 
impact of $0 to General Revenue Related Funds for 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

The bill would establish 
several new programs in the Office of Court Administration, 
the Supreme Court and the State Bar of Texas and create a new 
Judicial Committee on Information Technology.  The programs 
would be funded by new fees collected by local governments and 
remitted to the Comptroller of Public Accounts.   Fees would 
be deposited in the new Judicial Technology Infrastructure account, 
which would be created within the Judicial Fund and administered 
by the Judicial Committee on Information Technology.   

In 
addition, a Judicial Law Clerk Student Loan Fund account would 
be created in the General Revenue Fund.  Proceeds from the fund 
would be used to assist qualified candidates in repaying debt 
incurred as a result of attending law school.  The fund would 
be administered by the Texas Judicial Council.  

METHODOLOGY 
and FISCAL IMPACT

The Office of Court Administration (OCA) 
estimated fee revenue and identified costs for an identical 
piece of legislation (H.B. 2698) based upon cases filed and 
convictions for fiscal year 1996.  The Comptroller of Public 
Accounts' response for this bill was not available.   No estimate 
was available for proceeds to the Judicial Law Clerk Student 
Loan Fund.  

Revenue:  

The OCA estimated that a $1 fee 
assessed upon filing would apply to civil cases only.  Civil 
cases filed in the Supreme Court; Courts of Appeals; and, District, 
County, and Justice of the Peace Courts in 1996 were totaled. 
 OCA assumed that approximately 75 percent of cases would be 
collectable, producing revenue of approximately $486,000 for 
deposit in the Judicial Technology Account each year.  

A 
$25 fee would apply to convictions in criminal cases (excluding 
certain traffic violations) if an assessed fine is paid late 
or in installments.  The OCA identified over 2.5 million convictions 
and deferred adjudications which were likely to be paid late 
or in installments, for an estimated annual gain to the Judicial 
Technology Account of $63,662,000.  

Costs:

* Judicial 
Law Clerk and Staff Attorney Recruitment:  $133,020
* Judicial 
Law Clerk Student Loan Fund:  $1,228,278
* Judicial Law Clerk 
Employment Assistance:  no cost
* Demographic Census:  $10,000
* 
Court Performance Standards:  $130,700
* Judicial Committee 
on Information Technology:  $10,902,612
* Office of Court Efficiency: 
 $444,000

         
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
Most local governments could be expected to assess and collect 
the $25 fee at the same time a late payment was collected or 
an installment payment plan arranged.  Some local governments 
might incur costs to update reporting methods.  However, for 
most local governments, the cost would be expected to be insignificant. 
 
          
   Source:            Agencies:   
                                         
                      LBB Staff:   JK ,BB