LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                              April 6, 1999
  
  
          TO:  Honorable Rodney Ellis, Chair, Senate Committee on
               Jurisprudence
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB1735  by Zaffirini (Relating to the appointment and
               duties of associate judges and child support masters.),
               As Introduced
  
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*  The bill would make no appropriation but could provide the legal      *
*  basis for an appropriation of funds to implement the provisions of    *
*  the bill.                                                             *
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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 to 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 that 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:   304   Comptroller of Public Accounts
LBB Staff:         JK, PE, DG