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 ************************************************************************** * 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. * ************************************************************************** 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: *************************************************************************** *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 * *************************************************************************** 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. *************************************************************************** *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 * *************************************************************************** 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