TO: | Honorable Ron Wilson, Chair, House Committee on Ways & Means |
FROM: | John Keel, Director, Legislative Budget Board |
IN RE: | HB321 by Wolens (Relating to additional court filing fees to pay operating expenses of the courts of appeals.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2004 | $0 |
2005 | $0 |
2006 | $0 |
2007 | $0 |
2008 | $0 |
Fiscal Year | Probable Revenue Gain fromJUD & COURT TRAINING FD 540 |
Probable Revenue Gain fromJUDICIAL FUND 573 |
Probable Revenue Gain fromAPPROPRIATED RECEIPTS 666 |
---|---|---|---|
2004 | $60,963 | $60,963 | $243,850 |
2005 | $60,963 | $60,963 | $243,850 |
2006 | $60,963 | $60,963 | $243,850 |
2007 | $60,963 | $60,963 | $243,850 |
2008 | $60,963 | $60,963 | $243,850 |
The bill would amend Government Code, Chapters 51 and 56 relating to additional court filing fees to pay operating expenses of the courts of appeals. The bill would amend Government Code, Section 51.207(b)(1) to increase the filing fee from $100 to $175. Of this amount, $125 would be deposited in the state treasury, with one-half to the credit of Judicial Fund No. 573 and one-half to the credit of Judicial and Court Personnel Training Fund No. 540. A total of $50 of the $175 fee would be retained by the clerk for use by the court of appeals in which the case was filed.
Additionally, the bill would allow the justices of a court of appeals to increase the fee collected under Government Code, Section 51.207(b)(1) by up to an additional $75 at the discretion of each court. Any additional increase would be retained by the clerk for use by the court of appeals in which the case was filed.
The Office of Court Administration indicates that 4,877 cases were filed in the courts of appeals in fiscal year 2002. The bill would increase the filing fee from $100 to $175. Of this amount, $25 would be new revenue deposited in the state treasury, with one-half to the credit of Judicial Fund No. 573 and one-half to the credit of Judicial and Court Personnel Training Fund No. 540. [4,877 cases x $25 filing fee increase = $121,925; and, 1/2 x $121,925 = $60,963]. Under current law, $100 of the filing fee already is deposited to the state treasury, credited to the two different funds mentioned here.
A total of $50 of the $175 fee would be retained by the clerk for use by the court of appeals in which the case was filed in the form of appropriated receipts. [4,877 cases x $50 = $243,850].
The bill would also allow an increase in the filing fee of up to an additional $75 (as determined by the discretion of the court) to be retained by the clerk for use by the court of appeals in which the case was filed, in the form of appropriated receipts. [4,877 cases x $75 = $365,775]. This discretionary filing fee is not shown in the above table.
The amount of appropriated receipts that may be collected by the 14 courts of appeals under the bill would range from $243,850 to $609,625 per year [$243,850 + $365,775].
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 221 First Court of Appeals District, Houston, 222 Second Court of Appeals District, Fort Worth, 223 Third Court of Appeals District, Austin, 227 Seventh Court of Appeals District, Amarillo, 229 Ninth Court of Appeals District, Beaumont
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LBB Staff: | JK, SD, GO, VDS, TB
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