LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 76th Regular Session February 11, 1999 TO: Honorable Rodney Ellis, Chair, Senate Committee on Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB59 by Duncan (Relating to the appointment and nonpartisan retention or rejection of appellate justices and judges and to elimination of a straight-party vote in connection with district judges), As Introduced ************************************************************************** * Two-year Net Impact to General Revenue Related Funds for SB59, As * * Introduced: negative impact of $(213,000) through the biennium * * ending August 31, 2001. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2001 $(213,000) * * 2002 0 * * 2003 (120,000) * * 2004 0 * * 2005 (113,000) * **************************************************** All Funds, Five-Year Impact: ***************************************************** * Fiscal Year Probable Revenue Gain/(Loss) from * * General Revenue Fund * * 0001 * * 2001 $(213,000) * * 2002 0 * * 2003 (120,000) * * 2004 0 * * 2005 (113,000) * ***************************************************** Fiscal Analysis The bill amends the Election Code and the General Government Code to provide for nonpartisan retention elections for appellate justices and judges and to provide for vacancies in those offices to be filled by appointment. The bill retains partisan elections for district judges but excludes those candidates from straight party votes. The bill prescribes the form of the ballot for retention elections and requires separate listings on ballots for offices subject to retention elections, separate listings on ballots for district court offices which are subject to partisan elections and separate listings of unopposed partisan district court candidates. The bill requires the Secretary of State to prescribe procedures or instructions necessary for administration of these elections. Methodology The Secretary of State estimated the number of judges who would no longer run for election, resulting in a loss of revenue in the primary finance fund. The Secretary of State assumes three candidates for each of the statewide appellate offices (Supreme Court and Court of Criminal Appeals) and two candidates for each of the other judicial appellate offices would no longer file for election due to the offices being subject to retention election. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 307 Secretary Of State LBB Staff: JK, PE, PH, SG