LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 76th Regular Session
May 5, 1999
TO: Honorable Senfronia Thompson, Chair, House Committee on
Judicial Affairs
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1187 by Armbrister (Relating to judicial and court
personnel training.), As Engrossed
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB1187, As Engrossed: positive impact of $0 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 *
* 2000 $0 *
* 2001 0 *
* 2002 0 *
* 2003 0 *
* 2004 0 *
****************************************************
All Funds, Five-Year Impact:
***************************************************************************
*Fiscal Probable Savings/(Cost) from Probable Revenue Gain/(Loss) *
* Year Judicial and Court Personnel from Judicial and Court *
* Training Fund Personnel Training Fund *
* 0540 0540 *
* 2000 $(83,475) $4,066,155 *
* 2001 (109,725) 4,127,147 *
* 2002 (54,075) 4,189,054 *
* 2003 (80,325) 4,251,890 *
* 2004 (52,500) 4,315,668 *
***************************************************************************
Fiscal Analysis
The bill would adjust the court cost paid on conviction of any criminal
offense from $1 to $2. The bill would require certain judicial officers
(associate judges, masters, referees and magistrates) to complete eight
hours of training before the officer completes another year of service or
begins another term of office. It would require these judicial officers
as well as district and statutory county court judges to complete an
additional three hours of training during each additional term of office
or four years of service.
Methodology
The $1 court cost generated $4,006,064 in fiscal year 1998 which amounted
to a 1.5% increase over the $3,945,680 generated by the cost in fiscal
year 1997. Changing the cost from $1 to $2 would double the receipts
from this court cost. The fiscal implications contained herein assume
that the 1.5% annual increase continues.
The bill would require judicial officers to take eight hours of training.
The bill would require an estimated 126 of these judicial officers to
take eight hours of training before the officer completes another year of
service or begins another term of office. The Office of Court
Administration estimates that eight hours of training for judicial
officers would cost $400 while three hours of training would cost $300.
Assuming four year terms, and officers elected or appointed in 1996 and
1998, half of these officers (63) would have to take the training in
fiscal year 2000 or fiscal year 2001. Further assuming that half of the
officers opt to take the training in fiscal year 2000, and the other half
take the training in fiscal year 2001, the cost in each year would be
$12,600 (31.5 officers * $400 cost of training). The officers elected
in 1998 would have the option of taking the training during fiscal years
2000-2003. Assuming that 1/4th of the officers opt to take the training
in each fiscal year, the cost in each year would be $6,300 (15.75
officers * $400 cost of training).
The bill would require the judicial officers to take an additional three
hours of training each additional term of office. The judicial officers
elected in 1996, having completed their initial 8 hours of training
during fiscal years 2000 or 2001 would have to take the additional three
hours during fiscal years 2001-2004. Assuming a 1/4th distribution in
each of those fiscal years, the annual cost for those years would be
$4,725 (15.75 judicial officers * $300 cost of training). The judicial
officers elected in 1998, having completed their initial 8 hours of
training during fiscal years 2000 through 2003 would have to take the
additional three hours during fiscal years 2003-2006. Assuming a 1/4th
distribution in each of those fiscal years, the annual cost for those
years would be $4,725.
The bill would require 577 district and statutory county court judges to
take an additional three hours of training before the judge completes
another year of service or begins another term of office, unless the
judge files affidavits stating that they do not hear cases involving
family violence, sexual assault or child abuse. An estimated 85 judges
would file such an affidavit. The cost of training the 492 remaining
judges is estimated to be approximately $350. Assuming four year terms,
and officers elected or appointed in 1996 and 1998, half of these judges
(246) would have to take the training in fiscal year 2000 or fiscal year
2001. Further assuming that half of them opt to take the training in
fiscal year 2000, and the other half take the training in fiscal year
2001, the cost in each year would be $43,050 (123 judges * $350 cost of
training). The judges elected in 1998 would have the option of taking the
training during fiscal years 2000-2003. Assuming that 1/4th of them opt
to take the training in each fiscal year, the cost in each year would be
$21,525 (61.5 judges * $350 cost of training).
The bill would require the judges to take an additional three hours of
training each additional term of office. The cost of the training would
remain at $350. The judges elected in 1996, having completed the first
round of additional training during fiscal years 2000 or 2001 would have
to take the second round of additional training during fiscal years
2001-2004. Assuming a 1/4th distribution in each of those fiscal years,
the annual cost for those years would be $21,525. The judges elected in
1998, having completed the first round of additional training during
fiscal years 2000 through 2003 would have to take the second round of
additional training during fiscal years 2003-2006. Assuming a 1/4th
distribution in each of those fiscal years, the annual cost for those
years would be $21,525.
One clarifying point is that a judge elected in 1996 or 1998 takes office
January 1st of the next calendar year. Therefore, a judge elected in
1996 would have taken office on January 1, 1997. The first year of
service would have encompassed fiscal years 1997 and 1998. The second
year of service would have encompassed fiscal years 1998 and 1999. The
third year - fiscal years 1999 and 2000, and the fourth year - fiscal
years 2000 and 2001. This clarification is made to explain why a judge
elected to a four year term in 1996 would still be in office to take the
training in fiscal year 2001 prior to the judge's next term of office.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies:
LBB Staff: JK, PE, DG