LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 77th Regular Session
April 24, 2001
TO: Honorable Rodney Ellis, Chair, Senate Committee on Finance
FROM: John Keel, Director, Legislative Budget Board
IN RE: SB1378 by Armbrister (Relating to criminal and civil
fees.), Committee Report 1st House, Substituted
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* Estimated Two-year Net Impact to General Revenue Related Funds for *
* SB1378, Committee Report 1st House, Substituted: impact of $0 *
* through the biennium ending August 31, 2003. *
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General Revenue-Related Funds, Five-Year Net Impact:
****************************************************
* Fiscal Year Probable Net Positive/(Negative) *
* Impact to General Revenue Related *
* Funds *
* 2002 $0 *
* 2003 0 *
* 2004 0 *
* 2005 0 *
* 2006 0 *
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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 Managment 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(m) of the Code of Criminal Procedure
to increase the Juvenile Crime fee from the current 25 cents to 50
cents. The bill would amend Article 102.075 of the Code of Criminal
Procedure by adding a new 50 cent fee for a new Correctional Management
Institute of Texas and Criminal Justice Center account.
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.
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.
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.
Conduct that occurred before the bill's effective date would continue
to be governed by the law in effect at that time.
Methodology
This estimate assumes that the 25 cent increase in court costs for the
Center for the Study and Prevention of Juvenile Crime and Delinquency at
Prairie A&M University will be added in the consolidated court cost
amounts for felony offenses, Class A&B misdemeanors, and Class C
misdemeanor under the provisions in Section 133.102(c) of the bill. This
estimate assumes that the new 50 cent court cost for an account in the
state treasury to be used for the establishment and operation of the
Correctional Management and Institute of Texas and Criminal Justice
Center account will also be added in the consolidated court costs
mentioned above and will be assigned a weighted percentage by the
Comptroller under the provisions of Section 133.102 (c) and (d) of the
bill.
In fiscal year 2000 the current 25 cent 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 new 25 cent increase and the new 50 cent increase (for a total of a
75 cent increase) to the consolidated court cost amounts of $133, $83,
and $40 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, 212 Office of
Court Administration, 302 Office of the Attorney
General
LBB Staff: JK, SD, TB