LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
May 16, 2001
TO: Honorable Senfronia Thompson, Chair, House Committee on
Judicial Affairs
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1378 by Armbrister (Relating to criminal and civil
fees.), Committee Report 2nd House, Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB1378, Committee Report 2nd House, Substituted: an impact of $0 *
* 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 $0 *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
****************************************************
All Funds, Five-Year Impact:
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*Fiscal Probable Revenue Gain/(Loss) Probable Revenue Gain/(Loss) *
* Year from Center for Study and from New General Revenue *
* Prevention of Juvenile Crime Dedicated - Correctional *
* and Delinquency/ GR Dedicated Management Institute of Texas *
* 5029 and Criminal Justice Center *
* 2002 $567,000 $1,134,000 *
* 2003 1,134,000 2,268,000 *
* 2004 1,134,000 2,268,000 *
* 2005 1,134,000 2,268,000 *
* 2006 1,134,000 2,268,000 *
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Fiscal Analysis
The bill would implement recommendations from the Comptroller's March
2001 report, "Issues and Recommendations Regarding the Structure of Court
Costs and Fees." The bill would consolidate, standardize, and provide
uniform reporting and remittance procedures for criminal court costs and
fees, as well as civil fees collected by courts on behalf of the state.
The bill would amend Article 102.075 of the Code of Criminal Procedure to
consolidate the Juvenile Crime fee into the schedule of fee percentages
and would increase the revenue to the Center for the Study and Prevention
of Juvenile Crime and Delinquency by 25 cents for each consolidated
court cost collected. The bill would amend Article 102.075 of the Code
of Criminal Procedure by adding a new allocation in the schedule of fee
percentages for a Correctional Management Institute of Texas and Criminal
Justice Center account. The allocation for the new Correctional
Management would generate 50 cents in revenue for each consolidated court
cost collected.
The bill would establish a consolidated court cost schedule for the
following conviction categories in criminal cases: felony offenses,
$133.75; Class A & B misdemeanors, $83.75; and Class C misdemeanors,
$40.75. Further, the bill would establish a consolidated court fee
schedule for the following categories of civil cases in district court:
family law, $45; all other, $50.
This estimate assumes that the $5 and $10 filing fee in district court
for basic civil legal services for indigents in Sec. 133.152 of the bill
is part of the $45 and $50 consolidated civil fee in district court in
Sec. 133.151 of the bill.
Revenue generated from the consolidated court costs and fees would be
remitted on a quarterly basis to the Comptroller for deposit to the
proper accounts and funds. The Comptroller would allocate the revenue as
if the fees and costs were still being collected separately.
This bill would take effect January 1, 2002, and it would affect fees
collected and criminal conduct occurring on or after the effective date.
Methodology
In fiscal year 2000 the current court cost generated $1,134,000 in
revenue for the Center for the Study and Prevention of Juvenile Crime and
Delinquency at Prairie A&M University. This estimate assumes that the
increased amounts of the consolidated court costs (a 75 cent increase)
and the corresponding percentage allocations to the Center for the Study
and Prevention of Juvenile Crime and Delinquency account and the
Correctional Management Institute of Texas and Criminal Justice Center
account will generate proportionately the same amount of revenue.
Because the bill takes effect January 1, 2002, the state will receive six
months of collections from counties in fiscal year 2002 under the
quarterly reporting system.
Local Government Impact
No significant fiscal implication to units of local government is
anticipated. Local governments would see a small one-time gain by
remitting all costs and fees on a quarterly basis instead of remitting
select costs and fees monthly. Local governments would also see a small
savings from a reduction in duplicative paperwork and reporting.
Source Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK, HD, TB