LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

March 3, 2003

TO:	Honorable Will Hartnett, Chair, House Committee on Judicial Affairs
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	HB721 by Hilderbran (Relating to the application of the professional prosecutors law to the district attorney for the 42nd Judicial District.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for HB721, As Introduced: a negative impact of ($44,410) through the biennium ending August 31, 2005.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five-Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2004	($22,205)
2005	($22,205)
2006	($22,205)
2007	($22,205)
2008	($22,205)

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from GENERAL REVENUE FUND 1
2004	($22,205)
2005	($22,205)
2006	($22,205)
2007	($22,205)
2008	($22,205)

Fiscal Analysis

The bill would amend Section 46.002 of the Government Code to place the district attorney for the 42nd Judicial District under the Professional Prosecutors Act (PPA). The bill also would repeal language to prevent Coleman County's commissioners court from supplementing the district attorney's salary.

The bill would take effect September 1, 2003.

Methodology

Under current law, the district attorney of the 42nd Judicial District is not under the PPA. The 42nd Judicial District serves Callahan, Coleman and Taylor Counties.

A state prosecutor from the 42nd Judicial District, who is not currently under the PPA, receives a salary equivalent to approximately 80 percent of that received by a state prosecutor practicing in judicial districts that are subject to the PPA.

The current annual cost to the state for a district attorney under the PPA is $152,800, which includes salary, benefits and a $34,450 office expense allowance. The annual cost for a district attorney who is not under the PPA and serves a multi-county judicial jurisdiction is $130,595, which also includes salary, benefits and a $34,450 office expense allowance.  The additional annual cost of placing the district attorney of the 42nd Judicial District under the PPA is $22,205.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:	304 Comptroller Of Public Accounts
LBB Staff:	JK, GO, VDS, TB, KG