| TO: | Honorable Will Hartnett, Chair, House Committee on Judiciary |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | SB1189 by Wentworth (Relating to the creation, composition, jurisdiction, and procedure of certain judicial districts, to the election of a local administrative district judge for certain counties, to the juvenile board in certain counties, and to the district courts in certain counties.), As Engrossed |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2006 | ($243,708) |
| 2007 | ($643,490) |
| 2008 | ($913,613) |
| 2009 | ($913,613) |
| 2010 | ($913,613) |
| Fiscal Year | Probable Savings/(Cost) from GENERAL REVENUE FUND 1 |
Change in Number of State Employees from FY 2005 |
|---|---|---|
| 2006 | ($243,708) | 2.0 |
| 2007 | ($643,490) | 6.7 |
| 2008 | ($913,613) | 9.0 |
| 2009 | ($913,613) | 9.0 |
| 2010 | ($913,613) | 9.0 |
The bill would amend Chapter 24, Government Code, to create nine new district courts: the 412th Judicial District in Brazoria County; the 424th Judicial District in Blanco, Burnet, Llano, and San Saba Counties; the 425th Judicial District in Williamson County; the 426th Judicial District in Bell County; the 427th Judicial District in Travis County; the 428th Judicial District in Hays County; the 430th Judicial District in Hidalgo County; the 433rd Judicial District in Comal County; and the 434th Judicial District in Fort Bend County. The courts would be created on January 1, 2007, with the exception of the 424th and 428th Judicial Districts, which would be created September 1, 2005.
Also, the bill would repeal the 389th and 398th Judicial Districts in Hidalgo County. This provision of the bill would take effect on January 1, 2007 to coincide with the creation of the new 430th Judicial District.
The bill would also provide guidelines for docket assignments, reduce terms of court, modify district composition, clarify juvenile board assignments, and make other procedural changes that have no State fiscal impact.
The annual salary provided by the state for a district judge is $101,700, plus benefits estimated at $27,959 ($129,659). Also, a district judge whose district is composed of more than one county is entitled to travel expenses not to exceed more than $1,500 per county. The judge of the 424th Judicial District serving four counties would be entitled to an annual travel allowance of $6,000 in fiscal year 2006 and each year thereafter.
For two courts created September 1, 2005 the fiscal impact for the first year in which the courts would exist has been prorated (i.e., eleven months instead of twelve months of salary costs). Also, for seven courts created January 1, 2007, the fiscal impact has been prorated (i.e., seven months of salary costs.)
For two courts eliminated in Hidalgo County, effective January 1, 2007, a positive fiscal impact of $151,269 in fiscal year 2007 and $259,318 in fiscal year 2008 and each year thereafter.
The fiscal impact for fiscal year 2006 would be $243,708 and $643,490 for fiscal year 2007. Thereafter, the annual fiscal impact would be $913,613. The counties would pay all other costs.
The county auditors provided estimates of local costs, which would include salaries and benefits for ancillary court personnel and other operating expenses. Two courts would be created September 1, 2005, while the fiscal years of some of the affected counties begin October 1, 2005. Fiscal impact to the counties for the intervening month is shown. Also, costs to counties are prorated for eight months in fiscal year 2007 for seven courts created January 1, 2007. Because Hidalgo County would be closing two courts and opening one new court, this estimate assumes savings to the county. Costs/savings to the affected counties are as follows:
|
County Fiscal Year |
FY 2005 |
FY 2006 |
FY 2007 |
FY 2008 |
FY 2009 |
FY 2010 |
|
Bell |
$0 |
$0 |
($122,461) |
($183,691) |
($183,691) |
($183,691) |
|
Brazoria |
$0 |
$0 |
($292,129) |
($438,193) |
($438,193) |
($438,193) |
|
Blanco, Burnet, Llano, San Saba (counties in new 424th Judicial District) |
($6,450) |
($17,400) |
($17,400) |
($17,400) |
($17,400) |
($17,400) |
|
Comal |
$0 |
$0 |
($200,889) |
($301,333) |
($301,333) |
($301,333) |
|
Fort Bend |
$0 |
$0 |
($846,021) |
($796,687) |
($382,595) |
($391,692) |
|
Hays |
($52,000) |
($145,000) |
($126,000) |
($126,000) |
($126,000) |
($126,000) |
|
Hidalgo |
$0 |
$0 |
$210,000 |
$315,000 |
$315,000 |
$315,000 |
|
Travis |
$0 |
$0 |
($1,400,000) |
($1,200,000) |
($1,200,000) |
($1,200,000) |
|
Williamson |
$0 |
$0 |
($375,651) |
($497,027) |
($497,027) |
($497,027) |
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
|
| LBB Staff: | JOB, TB, LB, ZS, KJG, ER
|