LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

April 22, 2009

TO:	Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	SB490 by West (Relating to money paid into the registry of a court in certain counties.), As Engrossed

No fiscal implication to the State is anticipated.

The bill would change the population criteria for applicability of Subchapter E, Chapter 117, Local Government Code. Under current statute, Subchapter E applies only to Harris County. Under the proposed change in population, based on the 2000 U.S. Census, the subchapter would also apply to Bexar, Dallas, and Tarrant counties.

Subchapter E addresses special provisions applying to funds paid into the court registry and applies to the following kinds of money paid into the registry of any court for which a clerk is or may become responsible: (1)  funds of minors or incapacitated persons; (2)  funds tendered in connection with a bill in interpleader; or (3)  any other funds. The commissioners court of the county collecting the funds may contract with one or more banks in the county for the deposit of the funds in a special account to be called the "registry fund."

Local Government Impact

The fiscal impact will vary by county. Bexar County estimates a revenue gain of approximately $26,000 for the first two fiscal years of implementation. However, the county assumes it would also incur a cost to hire an outside auditor for the accounts. The county assumes that cost to be at least $25,000 per year.

Source Agencies:

LBB Staff:

JOB, MN, DB