TO: | Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB579 by Gutierrez (Relating to certain costs on conviction in certain intoxication and drug cases.), As Introduced |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2010 | $133,000 |
2011 | $324,000 |
2012 | $329,000 |
2013 | $335,000 |
2014 | $340,000 |
Fiscal Year | Probable Revenue Gain from General Revenue Fund 1 |
---|---|
2010 | $133,000 |
2011 | $324,000 |
2012 | $329,000 |
2013 | $335,000 |
2014 | $340,000 |
This bill would amend the Code of Criminal Procedure, Article 102.0178(a). The bill would increase the court cost on the conviction of certain intoxication and drug offenses from $50 to $60. The bill would also repeal the Government Code, Section 102.0215.
SECTION 1 of the bill would amend the Code of Criminal Procedure, Article 102.0178(a) to increase by $10 the amount of a court cost charged to persons convicted offenses classified as Class B misdemeanors or higher under Chapter, Penal Code pr Chapter 481, Health and Safety Code from $50 to $60.
SECTION 2 of the bill has no fiscal impact.
SECTION 3 of the bill states that changes made by this bill apply only to offenses committed on or after the effective date.
SECTION 4 of the bill makes the act effective September 1, 2009.
According to the Comptroller of Public Accounts (CPA), the fiscal impact estimated for this bill is based on historical data from the Annual Statistical Report for the Texas Judiciary for various years, adjusted for growth, indigency, implementation, and the percentage of fees retained by local governments (counties can typically retained 10 percent of most court costs if remitted to the CPA in a timely fashion; in addition, the counties with mandated drug court programs may retain an additional 50 percent of the current drug court cost). The court costs for criminal cases were multiplied by the total number of convictions, reduced to reflect historical non-collection rates, and adjusted for an implementation lag. Currently the cost is $50 on drug and intoxication offenses; the bill would increase it by $10. Sixty percent of the revenue is retained at the local level with the remaining 40 percent remitted to the state.
House Bill 530, 80th Legislature, Regular Session, took effect June 15, 2007, and created the court cost and a general revenue account for the revenues. According to the CPA, the account was not included in HB 3107, 80th Legislature, Regular Session, and was not created when that bill took effect June 15, 2007. Court cost revenues to the state from this bill would be deposited into the General Revenue Fund.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
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LBB Staff: | JOB, ESi, JI, JJO, DB, TP
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