LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 17, 2001
TO: Honorable Royce West, Chair, Senate Committee on
Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB1884 by Thompson (Relating to filing fees for certain
types of actions.), As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB1884, As Engrossed: positive impact of $0 through the biennium *
* ending August 31, 2003. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $0 *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
****************************************************
All Funds, Five-Year Impact:
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* Fiscal Year Probable Revenue Gain/(Loss) from *
* Judicial Fund *
* 0573 *
* 2002 $3,873,900 *
* 2003 3,873,900 *
* 2004 3,873,900 *
* 2005 3,873,900 *
* 2006 3,873,900 *
*****************************************************
Technology Impact
There would be no technology impact as a result of the bill.
Fiscal Analysis
The bill would amend Section 51.701 of the Government Code to increase
the additional court fee collected in district court from $40 to $50.
Methodology
In fiscal year 2000, district clerks reported there were 387,390 cases
filed in their courts. Court fees collected in addition to filing fees
are submitted to the state for deposit into the Judicial Fund to be used
for court-related purposes for the support of the judiciary. Increasing
the additional court fee from $40 to $50 would increase state revenue by
$10 per case filed.
Local Government Impact
The bill would amend Section 51.317 of the Government Code, increasing
filing fees to be collected by district clerks in civil cases. Currently,
the filing fee is $45 and applies regardless of the number of plaintiffs
to the suit. The bill would increase the fee based on the number of
plaintiffs, with a fee of $55 for cases with ten or fewer plaintiffs and
increasing up to a maximum of $170 for cases with 1,000 or more
plaintiffs. Additionally, the provisions of the bill would increase the
filing fee for a cross-action, counterclaim, intervention, contempt
action, motion for new trial, or third-party petition to $45. Currently
this fee is $15. The bill would also increase the filing fee from $8 to
$12 for issuing a citation or other writ process including one copy.
Based on a survey conducted by the Office of Court Administration
covering civil cases filed in fiscal year 1999, it is estimated that over
99 percent of all civil cases filed in district court have less than 11
plaintiffs. Increasing the $45 filing fee to $55 would increase county
revenues statewide by an estimated $3.9 million per year.
It is estimated that a cross-action, counterclaim, intervention, contempt
action, motion for new trial, or third party petition is filed in one
out of every ten civil cases filed. Increasing the filing fee from $15
to $45 would increase county revenues statewide by approximately $1.6
million.
It is estimated that 3 citations, writs, and/or copies are issued for
every civil case filed. Increasing the filing fee from $8 to $12 would
increase county revenues statewide by almost $4.6 million.
Revenue gains to the counties, which would help offset expenses, would
vary by county depending on the number of cases filed.
Source Agencies: 212 Office of Court Administration
LBB Staff: JK, TB, DB