LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                               May 19, 2001
  
  
          TO:  Honorable Senfronia Thompson, Chair, House Committee on
               Judicial Affairs
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB1434  by Ogden (Relating to the appointment and duties
               of magistrates for certain courts of Brazos County.),
               Committee Report 2nd House, as amended
  
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*  No fiscal implication to the State is anticipated.                    *
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Local Government Impact
  
The bill would allow for the appointment of one or more magistrates for
the district courts and county courts at law in Brazos County.  The
salary of the magistrate(s) would be set by the commissioners court and
paid by the county. The bill would also authorize the court(s) to
determine whether a non-prevailing party can defray the costs of the
magistrate.  The non-prevailing party could be assessed fees to cover the
costs of operating a magistrate court.  The commissioners court would
set the fees, not to exceed $50, and the clerk of the referring court
would collect and deposit the fees.

According to the Brazos County Auditor, the appointment of one magistrate
could free up 750 hours in the county's three district courts and 1,000
hours in the two county courts at law.  The court magistrate could
conduct as many as 800 district court hearings.  Assuming that 30 percent
of the hearings would involve non-indigent parties who could be assessed
a fee, these cases could generate $40,000 in revenue. The magistrate
could hear another 2,600 county court at law cases.  Assuming 50 percent
of these would involve non-indigent parties, an additional $130,000 in
revenue could be generated from these cases.  It is assumed that the
county commissioners would impose a $50 fee per hearing on the
non-prevailing party.

The magistrate's salary is estimated at $70,000 by the County Auditor.
Additionally, the magistrate would need a bailiff and court coordinator
at salaries of $26,000 and $23,000, respectively. Benefits for all three
positions would total $26,000.  Support services would cost $6,000 for a
total annual operating budget of $151,000. The magistrate would incur a
one-time cost of $8,900 for furniture and electronic equipment. The
county would also have to relocate a justice of the peace at a cost of
$10,000.

In the first year of operation, fee-generated revenue could offset
expenses. In future years, the fees could generate additional revenue of
approximately $19,000 per year.
  
  
Source Agencies:   212   Office of Court Administration, 304
                   Comptroller of Public Accounts
LBB Staff:         JK, TB, DB