LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
 
April 8, 2009

TO:
Honorable Jeff Wentworth, Chair, Senate Committee on Jurisprudence
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
SB1809 by Zaffirini (Relating to the creation of additional judicial districts in Bexar County.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for SB1809, As Introduced: a negative impact of ($612,918) through the biennium ending August 31, 2011.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2010 ($306,459)
2011 ($306,459)
2012 ($715,071)
2013 ($715,071)
2014 ($715,071)




Fiscal Year Probable Savings/(Cost) from
General Revenue Fund
1
Probable Savings/(Cost) from
Judicial Fund
573
Change in Number of State Employees from FY 2009
2010 ($306,459) ($169,041) 3.0
2011 ($306,459) ($169,041) 3.0
2012 ($715,071) ($394,429) 7.0
2013 ($715,071) ($394,429) 7.0
2014 ($715,071) ($394,429) 7.0

Fiscal Analysis

The bill would amend Chapter 24, Government Code, to create three new judicial districts in Bexar County, the 432nd, the 436th, and the 437th Judicial Districts. The bill specifies that the 432nd will give preference to civil matters, the 436th will give preference to criminal matters, and the 437th will give preference to juvenile matters. The above three judicial districts would be created September 1, 2009.

The bill would also amend Chapter 24, Government Code, to create four new judicial districts in Bexar County, the 438th, the 439th, the 440th, and the 431st Judicial Districts. The above four judicial districts would be created September 1, 2011.

The bill would take effect September 1, 2009.


Methodology

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 the Judicial Retirment System) which are estimated to be $33,500 annually. The total annual salary and benefits cost for a district judge is estimated to be $158,500.


Local Government Impact

The Bexar County Auditor's Office provided the following estimates:  

This estimate assumes that the 432nd Judicial District, serving primarily civil cases, would have start-up expenses in fiscal year 2010 estimated at $24,000. Capital outlay expenses in the second year are $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 include $18,131 for salary and benefits, and $19,417 for operating costs. The estimated average annual cost of court functions for fiscal years 2011-2014 for the civil court would be $477,251. This total is comprised of $231,251 for salary and benefits, and $246,000 for operating costs. The creation of the 432nd Judicial District would create three new positions in addition to the district judge: Bailiff, Court Reporter and Court Clerk. The Bexar County Auditor's Office estimates average annual revenue of $244,000 beginning in 2011.
 
For purposes of the 436th Judicial District, the court's 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 2010 are estimated at $995,522, which include $597,272 for salary and benefits, and $398,250 for operating costs. The estimated average annual cost of court functions for fiscal years 2011-2014 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. The creation of the 436th Judicial District would create 10 positions in addition to the district judge: 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.
 
This estimate assumes that the 437th Judicial District, serving primarily as a juvenile court, would have start-up expenses in fiscal year 2010 estimated at $603,800. Capital outlay expenses in fiscal year 2010 are estimated at $5,000. This total is comprised of $102,000 for furniture and fixtures, $301,800 for facility renovation, and $200,000 for technology enhancements. 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 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 2011-2014 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. The creation of the 437th Judicial District would create 11 positions in addition to the district judge: 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.

While the bill specifies the types (civil, criminal, or juvenile) of the three district courts to be created beginning in fiscal year 2010, the bill does not make the same specification for the four district courts to be created at the beginning of fiscal year 2012. The Bexar County Auditor’s Office indicated that since all of Bexar County’s district courts give preference to either civil, criminal, or juvenile matters that the office is unable to provide an estimate on the local costs for the four courts to be created in fiscal year 2012. However, the County Auditor’s Office indicated that the above projections would serve as accurate average yearly cost estimates depending on the type of court, $477,251 per civil court, $1,411,691 per criminal court, and $1,744,977 per juvenile court.

Bexar County is currently served by 24 judicial districts. Bexar County's fiscal year begins on October 1.



Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JOB, MN, ZS, JP, TP