LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

May 8, 2003

TO:	Honorable Robert Duncan, Chair, Senate Committee on Jurisprudence
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	HB3270 by Gallego (Relating to establishing an appellate judicial system for the Eighth Court of Appeals.), As Engrossed

No significant fiscal implication to the State is anticipated.

The bill would amend Government Code, Chapter 22 to create an appellate judicial system for the Eighth Court of Appeals.  The bill would require counties of the Eighth Court of Appeals district to collect and forward filing fees to the court for use by the court.  To the extent that the Eighth Court of Appeals uses local collections to defray expenses previously paid with state appropriations, the fiscal implication to the state is not anticipated to be significant.

Local Government Impact

No significant fiscal implication to units of local government is anticipated. The 22 counties in the Eighth Court of Appeals District would incur slight costs to establish a separate appellate justice system fund, but these costs are expected to be minimal. The 22 counties would also realize possible savings if the court uses collections to defray county expenses for the appellate judicial system, but these savings are expected to be minimal.

In fiscal year 2002, 24,107 cases were filed in county and district courts in the Eighth Court of Appeals district.  At $5 per case, the fee authorized by this bill could generate approximately $120,000 per year to be used to defray costs and expenses incurred by the county on behalf of the Eighth Court of Appeals. El Paso County reported that it would contribute approximately $82,000 per year to the fund. Andrews County reported 125 civil cases filed in fiscal year 2002, resulting in $625 for the fund.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 228 Eighth Court of Appeals District, El Paso

LBB Staff:

JK, GO, VDS, TB, KG