LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
March 21, 2001
TO: Honorable Senfronia Thompson, Chair, House Committee on
Judicial Affairs
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB2300 by Thompson (Relating to the salaries of certain
judges and to the collection of certain court costs.),
Committee Report 1st House, Substituted
**************************************************************************
* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB2300, Committee Report 1st House, Substituted: positive impact *
* of $948,750 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. *
**************************************************************************
General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $453,750 *
* 2003 495,000 *
* 2004 495,000 *
* 2005 495,000 *
* 2006 495,000 *
****************************************************
All Funds, Five-Year Impact:
**************************************************************************
*Fiscal Probable Probable Probable Revenue *
* Year Savings/(Cost) from Savings/(Cost) from Gain/(Loss) from *
* General Revenue Fund Judicial Fund Judicial Fund *
* 0001 0573 0573 *
* 2002 $453,750 $(5,130,950) $1,936,000 *
* 2003 495,000 (5,597,400) 1,936,000 *
* 2004 495,000 (5,597,400) 1,936,000 *
* 2005 495,000 (5,597,400) 1,936,000 *
* 2006 495,000 (5,597,400) 1,936,000 *
**************************************************************************
Fiscal Analysis
The bill would require the state to reimburse counties for the salaries
of 192 statutory county judges at an amount up to $49,700. Additionally
the bill drops the 40 percent judicial function requirement for
constitutional county judges to receive a $10,000 salary supplement. The
bill would also require all statutory county courts to collect the fees
and court costs specified in the Government Code, Section 51.702. The
bill would increase the fee for filing a civil suit from $40 to $55. Of
this amount, $5 would remain in county funds.
The fees provisions of the bill would take effect September 1, 2001 and
only would apply to a civil case filed or to an offense committed on or
after that date. The salary provisions in the bill would take effect
October 1, 2001 and only would apply to a salary payment made on or
after that date.
Methodology
Currently the state reimburses 64 counties participating in the fees
collection program an amount of $35,000 annually for a salary supplement
paid to a total of 138 statutory county judges. Five thousand of this
supplement comes from General Revenue. This estimate raises the level of
state reimbursement for each judge to $49,700 annually for all 192
statutory county judges in the state. This estimate assumes that all of
the salary supplement would come from Judicial Fund 573. This estimate
assumes the bill would authorize an additional $19,700 per judge from
Fund 573 for the 138 statutory county judges who currently receive salary
supplements and an additional $49,700 from Fund 573 for the 54 statutory
county judges who currently do not receive the state salary supplement.
At this time, the state is paying the $10,000 annual salary supplement to
215 constitutional county judges whose judicial functions are 40 percent
of their duties. Five thousand of this supplement comes from the
General Revenue Fund, with the remainder coming from Fund 573. The bill
would remove that standard, and this estimate assumes that all 254
constitutional county judges would qualify.
Finally, the bill would require all statutory county courts to collect
the fees and court costs specified in the Government Code, Section
51.702. Ten counties of the 74 counties that have statutory county
courts currently do not participate in the fees collection program. The
fee for filing a civil suit under this provision would increase from $40
to $50 for Judicial Fund 573, with an additional $5 for county funds.
This estimate assumes that an additional $1,936,000 per year would accrue
to Judicial Fund No. 573 through increased collections.
This estimate assumes that counties would continue to pay Social Security
and retirement benefits of statutory county judges. Finally, this
estimate assumes that Judicial Fund 573 would have sufficient funds for
the increased payments of $19,700 or $49,700 to each statutory county
judge. To the extent that sufficient funds would not be available for
appropriation in the Judicial Fund 0573, another fund, such as the
General Revenue Fund 0001, would have to make up the difference.
Local Government Impact
All 74 counties with statutory courts would experience a net savings as a
result of the provisions of the bill. The savings would vary by county,
depending on the number of judges and the salary and benefits counties
currently pay. Minimum salary savings per county will be $14,700.
Additionally, all 74 counties would have increased revenue due to the $5
increase in the fee to file a civil suit. It is estimated that the $5
increase in the fee to file a civil suit would generate $494,400 to the
74 counties with statutory courts.
Source Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK, TB