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