LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 23, 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 court costs.), As
Introduced
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* Estimated Two-year Net Impact to General Revenue Funds for HB2733, *
* As Introduced: $3,260,884 general revenue through the biennium *
* ending August 31, 2003. *
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The bill would amend the Code of Criminal Procedure and the Government
Code to restructure and reallocate certain state-imposed court costs and
fees collected by municipalities on behalf of the state and deposited in
various general revenue accounts.
The bill would take effect immediately upon enactment, assuming that it
received the requisite two-thirds majority votes in both houses of the
Legislature. Otherwise, it would take effect September 1, 2001.
All Funds, Six-Year Impact:
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*Fiscal Probable Probable Probable Probable *
* Year Revenue Revenue Revenue Revenue *
* Gain/(Loss) Gain/(Loss) Gain/(Loss) Gain/(Loss) *
* from from General from Criminal from General *
* Compensation to Revenue Fund Justice Revenue *
* Victims of 0001 Planning Dedicated - All *
* Crime Account/ Account/ Other State *
* GR-Dedicated GR-Dedicated Funds* *
* 0469 0421 *
* 2002 $8,546,050 $1,482,220 $2,779,932 $11,092,827 *
* 2003 10,255,260 1,778,664 3,335,919 13,311,393 *
* 2004 10,255,260 1,778,664 3,335,919 13,311,393 *
* 2005 10,255,260 1,778,664 3,335,919 13,311,393 *
* 2006 10,255,260 1,778,664 3,335,919 13,311,393 *
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The table above assumes an effective date of September 1, 2001.
*All other state funds include the following funds and one account: 1)
Abused Children's Counseling account; 2) Crime Stopper's Assistance Fund
No. 5012; 3) Breath Alcohol Testing Fund No. 0581; 4) Bill Blackwood Law
Enforcement Management Institute Fund No. 0581; 5) Law Enforcement
Standards and Education Fund No. 0116; 6) Comprehensive Rehabilitation
Fund No. 0107; 7) Operator's and Chauffeur's License Fund No. 0099; 8)
Judicial and Court Personnel Training Fund No. 0540; 9) Center for the
Study of Juvenile Crime and Delinquency at Prairie A&M University Fund
No. 5029; and 10) Fugitive Apprehension Fund No. 5028.
The table below assumes an effective date of July 1, 2001.
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*Fiscal Probable Probable Probable Probable *
* Year Revenue Revenue Revenue Revenue *
* Gain/(Loss) Gain/(Loss) Gain/(Loss) Gain/(Loss) *
* from from General from Criminal from General *
* Compensation to Revenue Fund Justice Revenue *
* Victims of 0001 Planning Dedicated - All *
* Crime Account/ Account/ Other State *
* GR-Dedicated GR-Dedicated Funds* *
* 0469 0421 *
* 2001 $854,605 $148,222 $277,993 $1,109,282 *
* 2002 10,255,260 1,778,664 3,335,919 13,311,393 *
* 2003 10,255,260 1,778,664 3,335,919 13,311,393 *
* 2004 10,255,260 1,778,664 3,335,919 13,311,393 *
* 2005 10,255,260 1,778,664 3,335,919 13,311,393 *
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Fiscal Analysis
The bill would charge four court costs twice on non-municipal Class C
misdemeanors: 1) the Judicial and Court Personnel Training Fund fee in
Section 56.001, Texas Government Code; 2) the Fugitive Apprehension fee
in Article 102.019, Texas Code of Criminal Procedure; 3) the Compensation
to Victims of Crime fee in Article 56.56, Texas Code of Criminal
Procedure; and 4) the Center for the Study and Prevention of Juvenile
Crime and Delinquency at Prairie A&M University fee in Article
102.075(m), Texas Code of Criminal Procedure.
The bill would provide an overall increase to state funds by increasing
court costs on violations in municipal court. The increases would be
across 12 funds and one account in the bill provisions applying to
consolidated court costs as amended in Article 102.075, Texas Code of
Criminal Procedure.
The bill would increase court costs on municipal violations punishable by
a fine of more than $500 from $82.25 to $83. The bill would increase
court costs on municipal violations punishable by a fine of more than
$200 but not more than $500 from $59.25 to $83. The bill would increase
court costs on violations in justice and county courts punishable by
fines of $500 or less from $39.25 to $62.25.
The bill would also change the reporting requirement for the time payment
fee from monthly to quarterly.
Methodology
According to figures from the Office of Court Administration Annual
Report for fiscal year 2000, approximately 4,759,405 cases would receive
a 75 cent increase; 117,102 cases would receive a $23.75 increase; and
1,722,312 cases would receive a $23 increase for a total potential
increase of $45.6 million in fiscal year 2003. With an estimated
collection rate of 65 percent and less the 10 percent administrative fee
on the increased collections retained by cities and counties, the actual
revenue for fiscal year 2003 is estimated to be $26,902,572, assuming a
September 1, 2001 effective date. Assuming a September 1, 2001
effective date, the actual revenue in fiscal year 2002 will be
22,418,810 due to quarterly reporting. Assuming a July 1, 2001
effective date, fiscal year 2001 revenue is estimated to be $2,241,880
and fiscal year 2002 revenue is estimated to be $26,902,572.
Local Government Impact
Cities and counties would retain a 10 percent administrative fee on the
increased collections. Assuming a September 1, 2001 effective date,
cities and counties would experience a revenue increase of $2.2 million
in fiscal year 2002 and $2.7 million in fiscal year 2003 because of
increased collections.
Source Agencies: 212 Office of Court Administration, 304
Comptroller of Public Accounts
LBB Staff: JK, TB, JN, DW