LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 9, 1997
         
         
      TO: Honorable Rodney Ellis, Chair            IN RE:  Senate Bill No. 1417, Committee Report 1st House, Substituted
          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-Committee Report 1st House, Substituted
         

Implementing the provisions of the bill would result in a 
net positive impact of $7,570,678 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 
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 Judicial Technology Infrastructure Account of the General 
Revenue Fund.  The custodian of the county treasury could retain 
40% of the fees collected as reimbursement for collecting the 
fee.  The remaining 10% of the fees collected shall be sent 
to the comptroller to be deposited into the Office of Court 
Administration Grant Account.  The Office of Court Administration 
Grant Account shall provide grants to enhance the collections 
of court costs, fines or restitution ordered.  The account may 
be supplemented by local or federal money and public or private 
grants.

The bill would also create a recruitment program 
at the Office of Court Administration to recruit individuals 
for judicial law clerks and staff attorneys.  

The bill would 
create the Judicial Law Clerk Student Loan Fund as an account 
in the General Revenue Fund to assist judicial law clerks to 
repay law school debts.  The fund would be administered by the 
Texas Judicial Council.  

The bill would direct the Office 
of Court Administration (OCA) to establish a program to assist 
courts in employing judicial law clerks, requires the agency 
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 
performance information, and gives the agency additional responsibilities.

The 
Judicial Committee on Information Technology would be established, 
and the bill provides that members may receive reimbursement 
for travel expenses.  The bill also would create the Judicial 
Technology Account in the Judicial Fund and would authorize 
the Supreme Court to impose a charge for access to information 
that exists on the computerized electronic judicial information 
system.  The bill provides that money in the judicial technology 
account may be supplemented by local or federal money and public 
or private grants. 

         
 
Fiscal Analysis
 
The bill creates 3 funds:  Judicial Law Clerk Student Fund and 
Office of Court Administration Grant Account within the General 
Revenue Fund, and the Judicial Technology Account within the 
Judicial Fund.  It provides a funding source for the OCA Grant 
Account, but no funding source for the other two accounts.
 
Methodolgy
 
 It is estimated that there will be 816,190 eligible cases at 
$25 a case or $20,404,738 in time payment fees annually.  Fifty 
percent of the fees, $10,202,369, would go to the general revenue 
fund.  Forty percent, or $8.2 million, remains at the county 
level for collecting the fee.  The remaining 10 percent or $2,040.474, 
 would be deposited into the Office of Court Administration 
Grant Account in the General Revenue Fund.  Costs to OCA would 
be: $71,860 in FY 98, and $61,160 in FY 99 for Judicial law 
clerk and staff attorney recruitment; $614,139 in FY 98 and 
$614,139 in FY 99 for the Judicial Law Clerk Student Loan Fund, 
$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 and $232,000 in FY 98 and $212,000 
in FY 99 for court efficiency requirements.
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 Revenue   Probable           Change in Number   
            Gain/(Loss) from   Gain/(Loss) from   Savings/(Cost)     of State                             
            General Revenue    New GR-Dedicated   from General       Employees from                       
            Fund               Account - Office   Revenue Fund       FY 1997                              
                               of Court                                                                   
                               Administration                                                             
                               Grant Account                                                              
            0001               8021               0001                                                     
       1998       $10,202,369        $2,040,474      ($6,444,505)              40.0                  
       1998        10,202,369         2,040,474       (6,389,555)              40.0                  
       2000        10,202,369         2,040,474       (6,389,555)              40.0                  
       2001        10,202,369         2,040,474       (6,389,555)              40.0                  
       2002        10,202,369         2,040,474       (6,389,555)              40.0                  
 


 
         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           $3,757,864
               1999            3,812,814
               2000            3,812,814
               2001            3,812,814
               2002            3,812,814
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
It is expected that counties will receive approximately $8.2 
million annually in additional revenue from the new Time Payment 
Fee collections.
          
   Source:            Agencies:   212   Office of Court Administration
                                         
                      LBB Staff:   JK ,BB ,DC