LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              March 29, 1999
  
  
          TO:  Honorable Toby Goodman, Chair, House Committee on
               Juvenile Justice & Family Issues
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3706  by Van de Putte (Relating to the appointment and
               duties of associate judges and child support masters.),
               As Introduced
  
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*  The cost to the state would depend on the number of associate         *
*  judges who would be appointed and the level of off-setting funds      *
*  the state might be able to draw down from federal sources.            *
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Fiscal Analysis

The bill would amend the Family Code to provide for the appointment of
associate judges for cases related to emergency procedures in suits by
governmental entities and cases brought to review the placement of
children under the care of the Department of Protective and Regulatory
Services (DPRS).

The bill would require the presiding judge of each administrative
judicial region to determine which courts require the appointment of a
full-time or part-time associate judge for child protective and
substitute care cases, and to appoint the associate judge.  The nine
presiding judges of the administrative judicial regions would determine
the host county of each associate judge.  The host county would provide a
courtroom and other necessary facilities and services.  The presiding
judge or judges would be able to appoint support personnel to assist the
associate judges.

The salaries of the associate judges would be determined by a majority
vote of the presiding judges, and may not exceed 90 percent of the
salary of a district judge.  The associate judge's salary and the
support staff salaries  would be paid from county funds or from other
state and federal funds as may be available.   The presiding judges and
the Office of Court Administration (OCA) are directed to attempt to
locate available federal funding.  To the extent that state and federal
funds were available, some of the associate judges and staff would be
considered state employees.
  
Methodology
  
The bill does not specify the number or location of courts and judges to
be established.  This estimate is based on one additional full-time
associate judge being appointed and the associated costs for salary,
staffing and operation.

According the Office of Court Administration, if one additional full-time
associate judge were appointed, the costs to the state could be $150,000
per year.  This estimate includes $75,000 in salary and fringe for an
associate judge; $25,000 in compensation for an assigned judge with Child
Protective Services experience to hear cases, as needed, where the
associate judge lacks jurisdiction or where there is a de novo appeal.
For a Court Coordinator, an estimated $40,000.00 in salary and fringe
would be incurred. This person may serve as both coordinator and court
reporter.  Equipment, supplies and travel would constitute $10,000.  A
personal computer or portable computer to access the judicial web page
would be needed for case tracking purposes.  Supplies such as stationary,
electronic disks, answering machines and cellular phones would be needed
for day to day operations.  Travel in multi-county jurisdictions often
takes over two hours per trip.

This estimate does not include potential costs for salary(s) and
operation the OCA might incur to administer the provisions of the bill.
  
  
Local Government Impact
  
A Local government recipient of state appropriations for a special court
would have to commit to provide for courtroom space, a bailiff, an office
and office furniture and other court equipment.

The cost to the counties would depend on the number of associate judges
that would be appointed.
  
  
Source Agencies:   
LBB Staff:         JK, MD, BP