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 ************************************************************************** * 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. * ************************************************************************** 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: *************************************************************************** *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 * *************************************************************************** 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