LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 3, 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.), Committee Report
1st House, Substituted
**************************************************************************
* Two-year Net Impact to General Revenue Related Funds for SB59, *
* Committee Report 1st House, Substituted: 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