LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                              April 24, 2001
  
  
          TO:  Honorable Senfronia Thompson, Chair, House Committee on
               Judicial Affairs
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB3678  by Gray (Relating to the creation of an
               additional statutory county court in Galveston County and
               to the administration, operation, and jurisdiction of
               the statutory courts in that county.), Committee Report
               1st House, as amended
  
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*  No fiscal implication to the State is anticipated.                    *
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The bill would create an additional county court in Galveston County.
The bill would grant the new statutory county court the same jurisdiction
as a district court, excluding election contests and most felony cases.

The bill would require that the judge of a statutory county court be paid
an annual salary that is not less than the total annual salary,
including supplements and contributions, paid to a district judge in the
county.  The bill would repeal Section 25.0862(i) of the Government Code
which currently allows a special judge of a statutory county court or
probate court to be appointed or elected and to receive the same rate of
compensation as a regular judge.

The bill would require a deputy sheriff to attend County Courts No. 1, 2,
or 3 and the Probate Court when required by the judge.  Finally, if a
jury trial is requested, the bill would require that the jury be composed
of six members, unless the constitution requires a 12-member jury.

This bill would take effect September 1, 2001 and the new court would be
created October 1, 2001.
  
Local Government Impact
  
Currently, Galveston County operates two statutory county courts, a
probate court, and an impact court.  According to the Galveston County
Office of Justice Administration, the impact court functions as a
half-time county court.  Because the half-time impact court would be
absorbed into the proposed full-time County Court No. 3, the cost of
creating a new county court would be approximately half of the normal
cost of such court.

The Galveston County Office of Justice Administration, the County
Sheriff's Department, and the County Community Services Division assisted
in the preparation of this fiscal estimate.  The bill would require a
deputy sheriff to attend county court or probate court only when required
by the judge.  A deputy sheriff's presence would not be required in many
hearings, so no additional deputy sheriff positions would be
anticipated.

The bill would require the following full-time staff: a county judge, a
court reporter, a court coordinator, and a bailiff, for a total annual
expense of $268,900.  Current expenditures for these positions in the
half-time Impact Court amount to $98,400 annually.  Personnel currently
serving the Impact Court, such as a prosecuting district attorney,
secretary, county civil clerk, and county criminal clerk, would serve the
new county court at no additional expense.  Operating costs are
estimated at $125,000.

The total cost for operating the new court is estimated at $507,264.
This is an increase of $261,000 over the current cost of $246,264 for
operating the Impact Court.
  
  
Source Agencies:   304   Comptroller of Public Accounts
LBB Staff:         JK, DB, TB