LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 19, 2001 TO: Honorable Royce West, Chair, Senate Committee on Jurisprudence 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.), As Introduced ************************************************************************** * No fiscal implication to the State is anticipated. * ************************************************************************** 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