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 ************************************************************************** * 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. * ************************************************************************** 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 * **************************************************** 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 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 * *************************************************************************** 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