LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 4, 2001
  
  
          TO:  Honorable Senfronia Thompson, Chair, House Committee on
               Judicial Affairs
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB950  by Garcia (Relating to juror reimbursement.),
               Committee Report 1st House, Substituted
  
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*  No significant fiscal implication to the State is anticipated.        *
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The bill would amend Chapter 61 of the Government Code to increase
payments to jurors selected to serve on a grand jury or petit jury in a
civil or criminal case in a district court, criminal district court,
county court, county court at law, or justice court from a minimum of $6
to a minimum of $40 for each day served.  Persons summoned for jury duty
but not selected would continue to receive not less than $6, although the
rate could be more, as determined by the county commissioners court.
Provisions of the bill would also establish a fee of $10 for each civil
case filed in district court, county court, and county court at law, as
well as a fee of $2 for each civil case filed in justice courts.
Additionally, the proposed amended statute would require a defendant
convicted of or who receives deferred adjudication for an offense in a
district court, county court, or county court at law a court cost to pay
a fee of $10. A defendant convicted of or who receives deferred
adjudication for an offense in a justice court would be required to pay a
court cost fee of $2.

The bill would also require the Office of Court Administration (OCA) to
submit a juror reimbursement report to the legislature every four years.

The bill would take effect September 1, 2001.
  
Local Government Impact
  
The OCA reports that statewide in fiscal year 2000, there were 993,253
criminal convictions and 729,835 civil cases filed to which the $10 and
$2 fees would apply had the fees been a requirement.  The revenue that
would have been generated would have totaled over $16.4 million, allowing
for a 65 percent fee collection rate in court fees assessed to
applicable misdemeanor or felony offenders.

OCA determined that the average amount paid to jurors statewide under
current law was $12 per day of jury service during fiscal year 2000.
Under the proposed statute, there would be an increase of $28 in the
amount paid per juror per day. Based on the number of applicable juries
impaneled in fiscal year 2000, the number of jurors per panel, an
estimated number of persons summoned per jury, and an assumption of a
five day trial in capital cases and a two day trial in all other cases,
the OCA estimated the cost to the counties would have been over $15.5
million in fiscal year 2000.

Based on the estimated revenue and estimated cost, the counties statewide
would have experienced a net gain of $914,944 in fiscal year 2000 under
the provisions of the bill. It is estimated that counties would
experience a statewide revenue gain of $914,944 in fiscal years 2002
through 2005.  The gain per county would vary depending on the number of
cases filed and tried by jury as well as the number of convictions in
criminal cases and collection rates.
  
  
Source Agencies:   212   Office of Court Administration
LBB Staff:         JK, TB, DB