LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 10, 2001
TO: Honorable Royce West, Chair, Senate Committee on
Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1451 by Dunnam (Relating to certain rules adopted by
the supreme court, the court of criminal appeals, and the
state bar related to practice and procedure in courts in
this state.), As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1451, As Engrossed: negative impact of $(55,530) through the *
* biennium ending August 31, 2003. *
* *
* 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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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $(27,765) *
* 2003 (27,765) *
* 2004 (27,765) *
* 2005 (27,765) *
* 2006 (27,765) *
****************************************************
All Funds, Five-Year Impact:
*****************************************************
* Fiscal Year Probable Savings/(Cost) from *
* General Revenue Fund *
* 0001 *
* 2002 $(27,765) *
* 2003 (27,765) *
* 2004 (27,765) *
* 2005 (27,765) *
* 2006 (27,765) *
*****************************************************
Fiscal Analysis
The bill would amend Chapter 22 of the Government Code to provide that,
with limited exceptions, the supreme court and the court of criminal
appeals may not issue a rule or an amendment to a rule unless it is
approved by the legislature during a regular legislative session. The
courts rules committees would be subject to the Public Information Act
and Open Meetings Act, and the court must prepare a fiscal note for each
rule or amendment. The Comptroller would be directed to assist in the
preparation of the economic impact statement, if requested by the court.
For each proposed rule or amendment, the Office of Court Administration
must develop and compile an opinion poll of appeals court judges,
district judges, county judges, statutory county court judges, and
statutory probate court judges, and report the results of the opinion
poll to the legislature.
This bill would take effect September 1, 2001.
Methodology
This estimate assumes that there are approximately 15 rules changes per
year by the two courts combined, with an estimated average cost of $1,851
per poll. This estimate is based on a cost of $1.50 for each of 1,234
judges. The $1.50 is based on costs of paper, envelopes, postage, and
handling for the poll to each judge and the return envelope.
This estimate assumes that the Supreme Court, the Court of Criminal
Appeals, the Office of Court Administration, and the Comptroller's
Office currently have the staff necessary to implement the provisions of
the bill.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated.
Source Agencies: 200 Supreme Court, 212 Office of Court
Administration, 304 Comptroller of Public Accounts
LBB Staff: JK, TB, SD