LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 15, 1999
  
  
          TO:  Honorable Rodney Ellis, Chair, Senate Committee on
               Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB1187  by Armbrister (Relating to the Judicial and Court
               Personnel Training Fund), Committee Report 1st House, as
               amended
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB1187, Committee Report 1st House, as amended:  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:
  
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*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                         $(12,600)                      $4,066,155 *
*  2001                          (98,700)                       4,127,147 *
*  2002                          (98,700)                       4,189,054 *
*  2003                         (184,800)                       4,251,890 *
*  2004                         (181,650)                       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 during the first term of office or first four years of
service.  It would require these judicial officers and district and
statutory county court judges to complete and 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 extend the eight hour training requirement to
approximately 126 judicial officers.  The Office of Court Administration
estimates that it would cost $400 to train these judicial officers.
Assuming that 1/4 of these judicial officers would take the training each
year (within the four years of service time frame allowed by the bill),
this would cost $12,600 during fiscal years 2000 through 2003.

The bill would require the judicial officers and district and statutory
county court judges to take an additional three hours of training in each
subsequent term of office or four years of service.  Since the bill is
requiring the judicial officers to take eight hours of training for the
first time, it is assumed that these officers would not require the
additional three hours of training until 2004, at which point, 1/4 would
opt to take that training in the first year of the next term of service.
The cost of three hours of training is expected to be approximately
$300.  This would cost the state $9,450 in fiscal year 2004.

There are 577 district and statutory county court judges.  Approximately
85 of these judges would file affidavits stating that they do not hear
cases involving family violence, sexual assault or child abuse, allowing
them to not take the training.  The remaining 492 would have to take
three hours of training in each subsequent term.  The training for these
judges is expected to be approximately $350.  The judges elected in 1996
would need to do these three hours of training between fiscal years 2001
and 2004.  Assuming that half of these judges were elected in fiscal
year 1996 (and taking office January 1, 1997), and we assume that 1/4
will take the training each year between 2001 and 2004, this would
result in an annual cost during those years of $86,100.  The judges
elected in 1998 would need to do these three hours of training between
fiscal years 2003 and 2006.  Assuming that half of these judges were
elected in fiscal year 1998 (and taking office January 1, 1999), and we
assume that 1/4 will take the training each year between 2003 and 2006,
this would result in an annual cost during those years of $86,100.
  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   
LBB Staff:         JK, PE, DG