LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 6, 2001 TO: Honorable Royce West, Chair, Senate Committee on Jurisprudence FROM: John Keel, Director, Legislative Budget Board IN RE: SB1098 by Madla (Relating to juror reimbursement in certain counties.), As Introduced ************************************************************************** * No fiscal implication to the State is anticipated. * ************************************************************************** The bill would provide for reimbursement from $6 up to actual expenses for travel, lodging, and meals to persons selected as jurors in counties with a population of 25,000 or below. Under current law, the amount is capped at $50 per day or fraction thereof. That cap would remain in effect in counties having a population of 25,000 or more. The bill would establish a $10 filing fee for civil cases and a $10 court cost on criminal convictions and deferred adjudications as a juror reimbursement fee for counties with a population of 25,000 or below. Court clerks would collect the fee or cost and deliver the money to the county treasurer. This bill would take effect September 1, 2001. Local Government Impact The Office of Court Administration (OCA) contacted 160 counties with populations under 25,000 regarding jury payment and frequency of grand jury meetings. OCA captures jury data for the district courts but not the county courts, so the following assumptions were made: The percentage of trials for district and county courts are the same; capital case trials last 5 days, all other trials last 2 days; each juror is reimbursed for 30 miles of travel each day at $0.28 per mile; each juror receives $25 per day in meal allowance; the fee collection rate for criminal cases is 65 percent and for civil cases is 100 percent; grand juries have 12 members, district courts have 12-member juries, county court family juries have 12 members, and all other county court cases have six jurors; each county has a grand jury meet once a month for 2 days; district cases will increase 9 percent over fiscal year 2000 and county cases will increase 12 percent. There were no counties contacted that paid less than $6 per person per day for jury service. Based on district court reports, 5.23 percent of civil cases and 1.42 percent of criminal cases go to jury trial. There were 1,871 civil juries and 277 criminal juries convened in fiscal year 2000. There were 4,689 civil and 45,450 criminal cases disposed in fiscal year 2000. Almost 9 percent of district cases were capital offenses and 8.63 percent of county cases were family law cases. Using the above-listed assumptions, statewide county revenue under the provisions of the bill in fiscal year 2002 would be $838,446 (11 months, as collections would not be realized for the first month of implementation). The costs, which would be paid for the full year, would total $877,630. There would be a net loss of $39,184 the first year of implementation if jurors are reimbursed for travel, lodging, and meals. If, during the first year of implementation, less than a $25 per diem is paid to each juror, the loss could be reduced. Each year thereafter, however, with collections for all 12 months totaling $914,669, counties would have a net revenue gain of $37,038, even if paying actual expenses in the amounts used in the assumptions given. The specific fiscal impact for each county with a population under 25,000 would vary, depending on number of cases filed, fines assessed and collected, number of juries impaneled, and how much the county pays the jurors in the allowable range. Source Agencies: 212 Office of Court Administration, 304 Comptroller of Public Accounts LBB Staff: JK, TB, DB