LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 2, 2001
  
  
          TO:  Honorable Senfronia Thompson, Chair, House Committee on
               Judicial Affairs
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2733  by Thompson (Relating to criminal and civil
               fees.), Committee Report 1st House, Substituted
  
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*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  HB2733, Committee Report 1st House, Substituted:  positive impact     *
*  of $0 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                                   $0  *
          *       2003                                    0  *
          *       2004                                    0  *
          *       2005                                    0  *
          *       2006                                    0  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
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*Fiscal    Probable Revenue Gain/(Loss)    Probable Revenue Gain/(Loss)   *
* Year      from Center for Study and        from New General Revenue     *
*          Prevention of Juvenile Crime      Dedicated - Correctional     *
*         and Delinquency/ GR Dedicated   Management Institute of Texas   *
*                      5029                and Criminal Justice Center    *
*  2002                          $567,000                      $1,134,000 *
*  2003                         1,134,000                       2,268,000 *
*  2004                         1,134,000                       2,268,000 *
*  2005                         1,134,000                       2,268,000 *
*  2006                         1,134,000                       2,268,000 *
***************************************************************************
  
Fiscal Analysis
  
The bill would implement recommendations from the Comptroller's March
2001 report, "Issues and Recommendations Regarding the Structure of Court
Costs and Fees."  The bill would consolidate, standardize, and provide
uniform reporting and remittance procedures for criminal court costs and
fees, as well as civil fees collected by courts on behalf of the state.

The bill would amend Article 102.075 of the Code of Criminal Procedure to
consolidate the Juvenile Crime fee into the schedule of fee percentages
and would increase the revenue to the Center for the Study and Prevention
of Juvenile Crime and Delinquency by 25 cents for each consolidated
court cost collected.  The bill would amend Article 102.075 of the Code
of Criminal Procedure by adding a new allocation in the schedule of fee
percentages for a Correctional Management Institute of Texas and Criminal
Justice Center account.  The allocation for the new Correctional
Management would generate 50 cents in revenue for each consolidated court
cost collected.

The bill would establish a consolidated court cost schedule for the
following conviction categories in criminal cases:  felony offenses,
$133.75; Class A & B misdemeanors, $83.75; and Class C misdemeanors,
$40.75.  Further, the bill would establish a consolidated court fee
schedule for the following categories of civil cases in district court:
family law, $45; all other, $50.

Revenue generated from the consolidated court costs and fees would be
remitted on a quarterly basis to the Comptroller for deposit to the
proper accounts and funds.  The Comptroller would allocate the revenue as
if the fees and costs were still being collected separately.   

This bill would take effect January 1, 2002, and it would affect fees
collected and criminal conduct occurring on or after the effective date.

  
  
Methodology
  
In fiscal year 2000 the current court cost generated $1,134,000 in
revenue for the Center for the Study and Prevention of Juvenile Crime and
Delinquency at Prairie A&M University.  This estimate assumes that the
increased amounts of the consolidated court costs (a 75 cent increase)
and the corresponding percentage allocations to the Center for the Study
and Prevention of Juvenile Crime and Delinquency account and the
Correctional Management Institute of Texas and Criminal Justice Center
account will generate proportionately the same amount of revenue.

Because the bill takes effect January 1, 2002, the state will receive six
months of collections from counties in fiscal year 2002 under the
quarterly reporting system.
  
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.  Local governments would see a small one-time gain by
remitting all costs and fees on a quarterly basis instead of remitting
select costs and fees monthly.  Local governments would also see a small
savings from a reduction in duplicative paperwork and reporting.
  
  
Source Agencies:   212   Office of Court Administration, 304
                   Comptroller of Public Accounts
LBB Staff:         JK, TB