LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
Revision 1
May 11, 2001
TO: Honorable Royce West, Chair, Senate Committee on
Jurisprudence
FROM: John Keel, Director, Legislative Budget Board
IN RE: HB3171 by Thompson (relating to the creation and
composition of certain district courts.), As Engrossed
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* HB3171, As Engrossed: positive impact of $33,568,904 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. *
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General Revenue-Related Funds, Five-Year Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $(896,418) *
* 2003 34,465,322 *
* 2004 51,697,982 *
* 2005 51,697,982 *
* 2006 51,697,982 *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable Savings/(Cost) from Change in Number of State *
* Year General Revenue Fund Employees from FY 2001 *
* 0001 *
* 2002 $(896,418) 7.0 *
* 2003 34,465,322 (277.0) *
* 2004 51,697,982 (416.0) *
* 2005 51,697,982 (416.0) *
* 2006 51,697,982 (416.0) *
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Fiscal Analysis
The bill would create seven new judicial districts: the 397th in Hidalgo
County, the 412th in Fannin County, the 413th in Johnson and Somervell
counties, the 414th in McLennan County, the 415th in Travis County, the
416th in Parker County, and a second 416th in Collin County. The bill
would also remove Fannin County from the 6th and 336th Judicial Districts
and add Willacy County to the 404th Judicial District.
These provisions of the bill would take effect September 1, 2001.
Additionally, the bill would repeal Subchapters B through E of Chapter 24
of the Government Code which would eliminate over 400 judicial districts
in Texas. The bill would establish two judicial districts, District A-1
and District A-2. District A-1 would encompass 182 counties, and
District A-2 would encompass 72 counties.
These provisions of the bill would take effect December 31, 2003.
Methodology
In fiscal year 2002, there would be a cost to the state of $897,918 for
the seven new judges' salaries and benefits. In addition there would be
a savings to the state of $1,500 in travel costs for district judges.
The salary and state paid benefits for a district judge are $128,274 per
year. In multi-county districts, judges are paid $1,500 per county per
year for travel. Removing Fannin County from the 6th and 336th Judicial
Districts would save the state $3,000 in travel. In addition, the 336th
Judicial District would become a single-county district, so another
$1,500 in travel would be saved. The addition of Willacy County to the
404th Judicial District, which is currently composed of Cameron County,
would create a multi-county district, thus costing the state $3,000 in
travel. Therefore, the new travel savings would be $1,500 per year.
In fiscal year 2004 and thereafter, the estimate assumes that the
elimination of the offices of 416 district judges would result in an
annual savings of $124,274 per judge in salaries and benefits and would
save the state over $51.6 million annually. In fiscal year 2003 the
state would realize eight months of this savings as the related
provisions of the bill are effective December 31, 2003. However, any
costs associated with the operation of the two new judicial districts
have not been considered in this estimate.
Additionally, the costs or savings related to the cessation of current
rates of prosecution and incarceration have not been considered in this
estimate. Likewise, the costs or savings related to the cessation of the
current rates of adjudication of civil cases have not been considered in
this estimate. Finally, the costs relating to the loss of fees
collections from district courts have not been considered in this
estimate.
Local Government Impact
Local cost information on the creation of new district courts was
provided by the County Auditors in Hidalgo, Fannin, Willacy, Johnson,
Somervell, Travis, and Collin counties. The McLennan County Judge's
Office provided information pertaining to that county.
The Hidalgo County Auditor reported the average cost per court for
salaries, benefits, and operating expenses is $233,678 per year. The
Auditor's Office also indicated there would be an initial capital outlay
of approximately $27,000 for new court equipment and an estimated $30,000
to $40,000 for remodeling expenses for a new courtroom.
Additional costs to Fannin County would be approximately $112,840
annually in salaries, benefits, and other operating expenses. No
additional capital outlay is expected.
According to the Willacy County Auditor, the county contributes $5,167
for salary and benefits of each judge. The rest of the judge's salaries
is paid by the state and by Cameron County. The Auditor said the county
would also contribute this amount for the judge's salary in the 404th
Judicial District. The Cameron County Auditor says this payment will
reduce the amount that Cameron County currently pays for the judge's
salary, which is $5,167.
Information to develop local cost estimates was provided by the Johnson
and Somervell County Auditors' offices. Costs for Johnson County would
include salaries and benefits for ancillary court personnel and other
operating expenses in the amount of $380,246 per year. The Auditor also
estimated an initial capital outlay of $610,000 for a courtroom facility,
plus an annual cost of $36,000 in utilities and $16,244 in furniture and
computers. Johnson and Somervell counties have a historical informal
agreement to share local costs for the district courts. The proposed
share of cost reported for Somervell County would be $3,439 for the
salary and benefits for three court reporters.
Local costs in Travis County would include salaries and benefits for
court personnel and other operating expenses totaling $375,291. Capital
expenses for furniture and equipment would be an additional one-time
local expense of $41,800.
The McLennan County court would cost the county $246,600 per year for
salaries and operating expenses. There would be an additional $52,000 in
one-time capital outlays and remodeling expenses.
Costs to Parker County would include $133,731 in personnel salaries and
benefits and operating expenses annually as well as $4,500 in capital
start-up costs. The Parker County Auditor reported the county would save
$7,000 a year for a visiting court reporter and $3,000 a year for a
visiting judge. The Auditor indicated there would also be an unknown
cost to construct a space in the courthouse for a justice of the peace
who would be displaced for the additional judicial district courtroom.
In Collin County, costs would include salaries and benefits for court
personnel and other operating expenses totaling $695,201. Capital
expenses for furniture and equipment would be a one-time local expense of
$83,000. The county has existing space for the new court.
The elimination of 416 judicial districts on December 31, 2003 would save
counties over $93 million statewide. This estimate assumes that local
government expends an average of $223,640 annually to run each district
court. Costs or savings related to the cessation of adjudication of
criminal and civil cases have not been considered in this estimate.
Source Agencies:
LBB Staff: JK, SD, TB