TO: | Honorable Joe Straus, Speaker of the House, House of Representatives |
FROM: | John S. O'Brien, Director, Legislative Budget Board |
IN RE: | HB4833 by Hunter (Relating to the creation of district courts and statutory county courts and to the composition of juvenile boards in certain counties. ), As Passed 2nd House |
Fiscal Year | Probable Net Positive/(Negative) Impact to General Revenue Related Funds |
---|---|
2010 | ($363,274) |
2011 | ($550,966) |
2012 | ($581,610) |
2013 | ($581,610) |
2014 | ($581,610) |
Fiscal Year | Probable Savings/(Cost) from General Revenue Fund 1 |
Probable Savings/(Cost) from Judicial Fund 573 |
Probable Revenue Gain from Judicial Fund 573 |
Change in Number of State Employees from FY 2009 |
---|---|---|---|---|
2010 | ($363,274) | ($645,267) | $443,750 | 4.0 |
2011 | ($550,966) | ($887,431) | $550,000 | 6.0 |
2012 | ($581,610) | ($1,034,621) | $675,000 | 6.0 |
2013 | ($581,610) | ($1,109,621) | $750,000 | 6.0 |
2014 | ($581,610) | ($1,109,621) | $750,000 | 6.0 |
The bill would amend Chapter 24, Government Code, to create a new judicial district in
The bill would amend Chapter 24, Government Code, to create a new judicial district in
The bill would amend Chapter 24, Government Code, to create a new judicial district in
The bill would amend Chapter 24 Government Code, to create a new judicial district in
The bill would amend Chapter 24, Government Code, to create a new judicial district in
The bill would also amend the Government Code to amend the terms of the 110th Judicial District to begin on the first Monday of July for all counties within the judicial district.
The bill would amend Chapter 25, Government Code, to create three new County Courts at Law in
The bill would amend Chapter 25, Government Code, to create a new County Court at Law in
The bill would amend Chapter 25, Government Code, to create a new County Court at Law in
The bill would amend Chapter 25, Government Code, to create a new County Court at Law in
The bill would amend Chapter 25, Government Code, to create a new County Court at Law in
The bill would amend Chapter 25, Government Code, to create a new County Court at Law in
The bill would amend Chapter 25, Government Code, concerning the County Court at Law Provisions for both
The bill would amend the Government Code relating to the duties and salary of the county attorney of
The bill would amend the Health and Safety Code and the Code of Criminal Procedure relating to the establishment of veterans court programs in this State. The bill would authorize a county to establish a veterans court program for persons arrested for, charged with, or convicted of both misdemeanor and felony offenses. A veterans court program created under the bill would be required to have certain characteristics, including provision of various treatment and service programs. The bill would allow a court to dismiss a criminal case if the defendant successfully completes a veterans court program, under certain conditions. A veterans court program is authorized to collect reasonable program fees, not to exceed $1,000 to cover costs. Fees may be used only for the veterans court program. The bill would provide for legislative oversight of state veterans court programs. In addition, the bill would amend the Code of Criminal Procedure to allow a court to expunge records and files in certain cases if a defendant successfully completes a veterans court program, under certain conditions. To the extent that the bill would alter judicial procedures in certain cases, no significant fiscal implication to the State is anticipated from implementation of veterans court programs.
Pertaining to veterans court programs, the bill would prescribe additional statutory duties and responsibilities to the State Auditor’s Office (SAO), in that a legislative committee or the Governor may request the State Auditor to perform a management, operations, financial, or accounting audit of a Program. This analysis assumes the SAO would not receive a request from a legislative committee or the Governor for an audit of these Programs during fiscal years 2010 and 2011. Assumed that the SAO would receive one request for an audit of one Program in one county during fiscal year 2012 and one request in fiscal year 2014, this analysis estimates each audit would require 1,500 hours to complete and, using the SAO's current billing rate of $90 per hour, cost $149,400 (inclusive of $14,400 for travel expenses). These costs in future years are not assumed to be a significant fiscal implication to the SAO. Also, in accordance with current Government Code 321.013, all additional duties and responsibilities prescribed by the bill would be proposed in the SAO’s annual audit plan for Legislative Audit Committee approval.
The bill would take effect September 1, 2009.
The annual salary provided by the state for a district judge is $125,000, in addition to benefits (state contributions for group insurance and the Judicial Retirement System) which are estimated to be $33,501 annually. The total annual salary and benefits cost for a district judge is estimated to be $158,501.
Because the 436th Judicial District would not be created until October 1, 2009, this amount is prorated for 11 months in fiscal year 2010. Additionally, the 437th Judicial District, which would be created December 15, 2009, is prorated for 8.5 months in fiscal year 2010. The 431st Judicial District would be created January 1, 2011, is prorated for 8 months for fiscal year 2011.
The annual recurring cost to the state for each county court at law is $75,000 from Judicial Fund No. 573. Under current law, the state provides a county-court-at-law judge a salary supplement an amount equal to 60 percent of the state salary of a district judge ($75,000). This estimate prorates the salary supplement for the County Court at Law of Bosque County in fiscal year 2010 for 11 instead of 12 months since the court would be created October 1st. This estimate prorates the salary supplements for the County Courts at Law of Midland County and Kaufman County in fiscal year 2011 for 8 months instead of 12 months since the courts would be created January 1st. Additionally, this estimate assumes that the County Court at Law of Navarro County would be created September 1, 2009, because under provisions of the bill, the court could be created on that date if approved by a vote of the Commissioners Court of Navarro County.
The salary supplement program for county court at law judges is self-funded by fees and court costs collected by county courts at law and deposited into Judicial Fund No. 573. This estimate assumes that all ten county courts at law created by the bill would generate sufficient revenue to cover the cost of the salary supplement.
Local governments pay the other operating costs associated with district courts and county courts at law.
In this new capacity, the Swisher County Attorney would be entitled to a salary of $125,000 from the state plus benefits ($20,526) from General Revenue and the Judicial Fund No. 573. However, the Swisher County Attorney would also forgo the annual $31,250 state salary supplement the county attorney receives, which is also paid from these two funding sources. Therefore, the net cost to the state due to the salary increase would be $114,276. Finally, district and county attorneys in the Professional Prosecutors Act are entitled to $34,450 per year from the state to defray office expenses, which are paid from General Revenue.
The bill would authorize the commissioners court of a county to establish a veterans court program. Harris and
The Harris County Office of Budget and Management reported that to establish a veterans court program on the docket of an existing court, would cost at least $2.65 million annually (the average cost of a county criminal court), and up to $3.85 million annually (the average cost of a criminal district court). It is likely the costs would be greater than this because the program described in the bill would have the court taking on certain responsibilities of one of the county probate courts, such as decisions regarding competency to stand trial, civil, or forensic commitment to the state hospital system, etc.
The bill would amend the Government Code relating to the duties and salary of the county attorney of
Local Government Analysis for District Courts:
The bill would change the 110th District Court terms in each county to the first Mondays in January and July.
Denton County is currently served by the 16th, 158th, 211th, 362nd, 367th, and 393rd judicial
districts. The bill would create a seventh judicial district, the 431st, effective January 1, 2011. For the
proposed 431st Judicial District, Denton County would be responsible for paying the salary and
benefits for court personnel. The estimated average annual cost of court operations for fiscal years
2011 to 2014 would be $1,684,598. This total is comprised of $1,153,633 for salary and benefits and
$530,964 for operating and miscellaneous expenses.
The creation of the 431st Judicial District would create 12 positions in addition to the district judge.
The positions that would be created include a Court Reporter, a Court Administrator, an Assistant
Department Supervisor in the District Clerk’s Office, a Senior District Clerk, a Bailiff, a Transport
Deputy, a Felony Prosecutor I, a Felony Prosecutor II, an Appellate Attorney I, a Felony Intake
Attorney, a Felony Investigator, and an Administrative Assistant.
Denton County's fiscal year begins on October 1. The Denton County Budget Office estimated
average annual expenditures of $1,684,598 and annual revenue of $270,816.
Tarrant County's fiscal year begins on October 1. The bill would create the 432nd Judicial District,
effective September 1, 2009. The Tarrant County Auditor indicated that the annual cost of the district
court for fiscal year 2010 is estimated at $3,287,845, which includes $1,520,454 for court personnel
and benefits, $1,145,391 for office operation expenditures plus $622,000 for initial office start-up and capital outlay costs. Fiscal year 2009 would be pro-rated for one month. The annual operating cost would increase four percent for fiscal years 2011 to 2014. The County Auditor estimated revenue of $130,000 starting in fiscal year 2010 with a $10,000 increase each year thereafter except for fiscal year 2014 which would be a $5,000 increase.
Bexar County's fiscal year begins on October 1. The Bexar County Auditor's Office provided the
following facts and figures for the creation of the three district courts.
The 436th Judicial District operating as a juvenile court's start-up expense in fiscal year 2010 is estimated at $603,800. This total would include costs for furniture and fixtures ($102,000), facility renovation ($301,800), and technology enhancements ($200,000). Capital outlay expenses in fiscal year 2010 are estimated at $5,000. The county expects to use existing space for the Juvenile Court. Annual operating costs in fiscal year 2010 are estimated at $1,504,142, which would include $1,094,642 for salary and benefits and $409,500 for operating costs. The estimated average annual cost of court functions for fiscal years 2011 to 2014 for the Juvenile Court is $1,744,977. This total is comprised of $1,163,477 for salary and benefits, and $581,500 for operating costs. In addition to the district judge, the creation of the 436th Judicial District would create 11 positions: Associate Judge, Third Chair Prosecutor, Second Chair Prosecutor, First Chair Prosecutor, Bailiff, Investigator, Advocate, Court Coordinator, Court Reporter, Court Clerk, and an Office Assistant. The Bexar County Auditor's Office estimates average annual revenue of $181,250 beginning in 2010.
For the 437th Judicial District serving as a criminal court, start-up expenses in fiscal year 2010 are
estimated at $24,000. Capital outlay expenses in the second year are $300,000 and $1,444,000 in the third year. The county expects to use existing courthouse space until a new space is available in the Justice Center. Start-up expenses include furniture and fixtures, moving expenses, facility renovation, and technology enhancements. Annual operating costs in fiscal year 2010 are estimated at $995,522, which includes $597,272 for salary and benefits and $398,250 for operating costs. The estimated average annual cost of court functions for fiscal years 2011 to 2014 for the Criminal Court is $1,411,691. This total is comprised of $846,441 for salary and benefits, and $565,250 for operating costs. In addition to the district judge, the creation of the 436th Judicial District would create 10 positions: Third Chair Prosecutor, Second Chair Prosecutor, First Chair Prosecutor, Court Coordinator, Bailiff, Court Reporter, Court Clerk, Investigator, Advocate, and an Office Assistant. The Bexar County Auditor's Office estimates average annual revenue of $101,500 beginning in 2011.
The 438th Judicial District civil court's start-up expense in fiscal year 2010 is estimated at $24,000.
Capital outlay expenses in the second year would be $300,000 and $1,360,000 in the third year. The
county expects to use existing courthouse space until a new space is available in the Justice Center.
Start-up expenses include furniture and fixtures, moving expenses, facility renovation, and technology
enhancements. Annual operating costs in fiscal year 2010 are estimated at $37,547, which would include $18,131 for salary and benefits and $19,417 for operating costs. The estimated average annual cost of court functions for fiscal years 2011 to 2014 for the Civil Court is $477,251. This total is comprised of $231,251 for salary and benefits and $246,000 for operating costs. In addition to the district judge, the creation of the 438th Judicial District would create 3 positions: Bailiff, Court Reporter and Court Clerk. The Bexar County Auditor's Office estimates average annual revenue of $244,000 beginning in 2011.
Local Government Analysis for County Courts at Law:
Bexar County is currently served by County Courts at Law No. 1 - 12. The bill would create County
Courts at Law No. 13, 14, and 15, effective September 1, 2009. Bexar County's fiscal year begins on
October 1.
According to the Bexar County Auditor's Office, start-up expenses for the County Court at Law No.
13 are estimated at $12,000 for furniture and fixtures. The Auditor's Office estimated that fiscal
year 2009 expenses for the court would be $39,424 for salaries, $10,704 for benefits, and $27,100 for operating costs. The estimated average annual cost of court operations for fiscal years 2010 to 2014 for County Court at Law No. 13 would be $973,201; which would include $496,892 for salaries,
$134,909 for benefits, and $341,400 for operating costs. County Court at Law No. 13 would have a
capital outlay expense of $200,000 for technology enhancements in fiscal year 2012.
The Auditor's Office estimated for fiscal year 2009 start-up expenses for County Court at Law No. 14
at $48,000 for furniture and fixtures, $39,424 for salaries, $10,704 for benefits, and $27,100 for
operating costs. The estimated average annual cost of court operations for fiscal years 2010 to 2014
would be $496,892 for salaries, $134,909 for benefits, and 341,400 for operating costs. In fiscal year
2011 the court would have a capital outlay expense of $300,000 for courthouse modifications. In
fiscal year 2012 the court would have a capital outlay expense of $1,198,000 for furniture and fixtures, moving expenses, and courthouse modifications, and $200,000 for technology enhancements.
The Auditor's Office estimated for fiscal year 2009 start-up expenses for County Court at Law No. 15
would be $12,000 for furniture and fixtures, $18,758 for salaries, $5,065 for benefits, and $27,100 for operating costs. The fiscal year 2010 expenses are estimated at $225,100 for salaries, $60,777 for benefits and $145,000 for operating costs. The fiscal year 2011 expenses for the court are estimated at $225,100 for salaries, $60,777 for benefits, $150,000 for operating costs, and a capital outlay expense of $300,000 for courthouse modifications. The estimated average annual cost of court operations for fiscal years 2012 to 2014 would be $502,374 for salaries, $137,133 for benefits and $350,000 for operating costs. In fiscal year 2012 the court would have a capital outlay expense of $1,198,000 for furniture and fixtures, moving expense, and courthouse modifications, and $200,000 for technology enhancements.
The creation of County Courts at Law No. 13, 14, and 15 would create a total of 24 positions. The
positions are: County Court at Law Judge (3), First Chair Prosecutor (3), Second Chair Prosecutor (3), Court Coordinator (3), Bailiff (3), Court Reporter (3), and Court Clerk (6).
The bill would create a County Court at Law in Bosque County that would have concurrent jurisdiction with the district court in family law cases, civil cases between $500 and $100,000, and contested probate cases. The bill would also amend Section 152.0241(a) of the Human Resources Code to add the judge of the newly created County Court at Law of Bosque County to the juvenile board of Bosque, Comanche, and Hamilton Counties. The County Court at Law in Bosque County would be created on October 1, 2009.
Bosque County's fiscal year begins October 1. According to the Bosque County Auditor, the average
estimated annual cost of court personnel would be $239,087 including benefits. The annual office
expense would be $7,750 plus $5,000 for initial office start-up costs and $3,000 for the initial capital
outlay and $1,000 each year thereafter. The County Auditor estimated revenue of $487,500 for each
fiscal year. The judge of the County Court at Law of Bosque County would serve on the Juvenile Board of Bosque, Comanche, and Hamilton Counties.
The bill would create a County Court at Law in Fannin County that would have concurrent jurisdiction with the district court for family law cases and proceedings under Title 3, Family Code. The County Court at Law shall refer a family law case to a district court before a hearing is commenced. A County Court at Law shall transfer a juvenile case to another court designated as a juvenile court before a hearing is commenced. The County Court at Law in Fannin County would be created on September 1, 2009.
Fannin County's fiscal year begins on October 1. According to the Fannin County Auditor's Office, the
start-up costs for technology, furnishings and uniforms are $19,000 and capital costs for converting
building space for the new court are $16,500. The cost of salaries and benefits for fiscal year 2009 is
$23,101; 2010 is $278,596; 2011 is $286,954; 2012 is $295,562; 2013 is $304,429 and 2014 is
$313,563. The County Auditor estimated revenue for fiscal year 2009 at $19,167; 2010 at $253,000;
2011 at $278,000; 2012 at $306,000; 2013 at $336,000; and 2014 at $370,000. In fiscal years 2009 to 2011, the county would have a net cost, whereas in fiscal years 2012 to 2014 the county would have a net gain. According to the County Auditor, the Fannin County Commissioners Court would appoint a judge to fill this position beginning September 1, 2009.
The bill would authorize the County Court at Law in
The bill would authorize the County Court at Law in
The bill would create a County Court at Law in Midland County that has concurrent jurisdiction with
the district court in family law cases, civil cases, and state jail felony cases. The County Court at Law
in Midland County would be created on January 1, 2011.
According to the Midland County Auditor's Office, the full-year fiscal 2011 costs of the new Midland
County Court at Law No. 3 would include salary and benefits of $391,016 and operational costs of
$347,303. These amounts would be pro-rated for nine months to account for the January 1, 2011, startup costs. The Midland County Auditor also indicated that they would incur approximately $5,000 for start-up costs (furnishings and technology). According to the Midland County Auditor's Office, the
county would use available office space and courtroom to accommodate the new court. The total cost
of salaries and benefits and operational costs for fiscal year 2012 is $746,829; 2013 is $769,999 and
2014 is $794,108. The Midland County Auditor estimated annual revenue for fiscal years 2012 to 2014 at $60,000. This amount would be pro-rated for fiscal 2011.
The bill would create a County Court at Law in Navarro County that would have concurrent jurisdiction with the district court in felony cases, Class A and B misdemeanors, family law, juvenile and probate matters, and appeals from justice and municipal courts. The County Court at Law in Navarro County would be created on January 1, 2011, unless the Commissioners Court of Navarro County voted to establish the court at an earlier date, which could be September 1, 2009.
Navarro County's fiscal year begins October 1. The Navarro County Auditor's Office estimates the
pro-rated operating costs for a county court at $237,974 in fiscal year 2011. Operating expenses in 2012 are estimated at $318,290, and in fiscal years 2013 to 2014 operating expenses would increase by three percent annually. According to the Navarro County Auditor's Office, the county will use available office space and courtroom to accommodate the new court. The Navarro County Commissioners Court indicated that they would appoint a judge to fill this position beginning January 1, 2011. The County Auditor estimated the net cost for fiscal year 2011 at $69,224; a net revenue gain in fiscal year 2012 at $6,510; in fiscal year 2013 at $26,251; and in fiscal year 2014 at $41,326.
The bill would authorize the County Court at Law in Van Zandt County to have concurrent jurisdiction with a district court in capital felony cases, Class A and B misdemeanor cases, family law, juvenile and probate matters, appeals from justice and municipal courts, and civil cases that do not exceed $200,000. The County Court at Law judge would serve on the Van Zandt County Juvenile Board. The bill would require an election to be held to fill the initial vacancy of the judge. This section would be effective January 1, 2010.
Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
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LBB Staff: | JOB, TP, JP
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