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.                                               *
**************************************************************************
  
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 *
***************************************************************************
  
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 *
***************************************************************************
  
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