LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION

April 23, 2003

TO:	Honorable Teel Bivins, Chair, Senate Committee on Finance
FROM:	John Keel, Director, Legislative Budget Board
IN RE:	SB502 by Armbrister (Relating to criminal and civil fees remitted to the comptroller of public accounts.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for SB502, As Introduced: a negative impact of ($2,000) through the biennium ending August 31, 2005.

General Revenue-Related Funds, Five-Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2004	($1,000)
2005	($1,000)
2006	($1,000)
2007	($1,000)
2008	($1,000)

All Funds, Five-Year Impact:

Fiscal Year	Probable Revenue Gain/(Loss) from GENERAL REVENUE FUND 1	Probable Revenue Gain/(Loss) from SEXUAL ASSAULT PROG ACCT 5010
2004	($1,000)	($40,000)
2005	($1,000)	($41,000)
2006	($1,000)	($42,000)
2007	($1,000)	($43,000)
2008	($1,000)	($44,000)

Fiscal Analysis

The bill would amend statute to consolidate, standardize, and provide uniform reporting and remittance procedures for criminal court costs and fees, as well as civil fees collected by courts on behalf of the state.

Methodology

The Comptroller of Public Accounts indicates that a loss in Sexual Assault Program General Revenue Dedicated Account # 5010, in the amount of $40,000 for fiscal year 2004, would arise out of implementation of this bill.  In addition, an increase of $1,000 per fiscal year over the $40,000 in fiscal year 2004 would arise.  Furthermore, a loss of General Revenue for the Substance Abuse Program, in the amount of $1,000 per fiscal year, would occur.

Local Government Impact

The sections of the bill pertaining to consolidated remittance of fees to the Comptroller of Public Accounts would result in no significant fiscal implication to units of local government.

 

Sections 4 and 5 of the bill, pertaining to defendants placed in jail on account of failure to pay fines and court costs, could have a significant effect on county budgets. The bill would decrease from $100 to $50 the amount of credit that a defendant would gain for serving jail time instead of paying court costs and fines.  Bexar County (population 1.5 million; annual budget $547 million) reported that in November 2000, 410 people were released from the Bexar County Detention Facility that were incarcerated for failure to pay fines and court costs. The average time in jail was five days, earning credit at a rate of $100 per day. It costs Bexar County approximately $50 per day to house an inmate.  Assuming that November 2000 reflects a normal month, implementation of the bill could cost Bexar County an additional $1.23 million per year in additional incarceration costs.

Source Agencies:	212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts
LBB Staff:	JK, WP, SD, JM, KG