| TO: | Honorable Aaron Pena, Chair, House Committee on Criminal Jurisprudence |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | HB181 by Brown, Betty (Relating to the scope of a county program to improve the collection of court costs, fees, and fines imposed in criminal cases.), As Introduced |
| Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
|---|---|
| 2008 | ($453,393) |
| 2009 | ($453,393) |
| 2010 | ($453,393) |
| 2011 | ($453,393) |
| 2012 | ($453,393) |
| Fiscal Year | Probable Revenue Gain/(Loss) from GENERAL REVENUE FUND 1 |
Probable Revenue Gain/(Loss) from CRIME VICTIMS COMP ACCT 469 |
Probable Revenue Gain/(Loss) from GR-D Accounts, various |
Probable Revenue Gain/(Loss) from Other Funds, various |
|---|---|---|---|---|
| 2008 | ($453,393) | ($792,395) | ($1,531,763) | ($408,435) |
| 2009 | ($453,393) | ($792,395) | ($1,531,763) | ($408,435) |
| 2010 | ($453,393) | ($792,395) | ($1,531,763) | ($408,435) |
| 2011 | ($453,393) | ($792,395) | ($1,531,763) | ($408,435) |
| 2012 | ($453,393) | ($792,395) | ($1,531,763) | ($408,435) |
The bill would amend the Code of Criminal Procedure, Article 103.0033 to remove the requirement that a district court must participate in the Collection Improvement Program administered by the Office of Court Administration. A county program could include the district court if the district judge were to consent.
The bill would take effect immediately if it were to receive the required two-thirds vote in each house; otherwise, it would take effect September 1, 2007.
The estimate of revenue loss is based on revenue data from the Comptroller's office and court statistics from the Office of Court Administration (OCA). The OCA estimates that approximately $55.1 million in court costs, fees, and fines was collected in county and district courts in calendar year 2005. District court cases amounted to 30 percent of these cases and the county courts processed the remaining 70 percent of these court cases.
Of the $55.1 million mentioned above, $35.8 million, or 65 percent, would come from counties that are currently mandated to participate in the collections program. Of that $35.8 million, the 30 percent caseload attributed to the district courts equals $10.7 million per year.
Based on historical data from the Collections Improvement Program, the OCA estimates that implementing the program in a county increases the collection rate by 16.0 percentage points. District courts assess an estimated $19,912,410 in old and new fees (new fees include the juror reimbursement fee and judicial support fee). Assuming a current collection rate of 56 percent, amounts collected of court costs, fees, and fines in district court would total approximately $11.2 million per year. Multiplying the total assessment of $19.9 million by an improved collection rate of 72 percent yields collections of $14.3 million. To determine the annual revenue loss, $11.2 million (56 percent rate) is subtracted from $14.3 million (72 percent rate), equaling a loss of $3.2 million (numbers may not add due to rounding).
The allocation of the revenue loss among the various funds and accounts is based on the actual distribution of receipts as reported by the Comptroller in the Annual Cash Reports for fiscal years 2004 to 2006, and the estimated distribution for fiscal year 2007 included in the Comptroller's Biennial Revenue Estimate.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council
|
| LBB Staff: | JOB, ES, DB, ZS, JJO
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