LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION

May 7, 2009

TO:	Honorable Jeff Wentworth, Chair, Senate Committee on Jurisprudence
FROM:	John S. O'Brien, Director, Legislative Budget Board
IN RE:	SB2563 by Deuell (Relating to the creation of an additional county court at law in Kaufman County.), Committee Report 1st House, Substituted

Estimated Two-year Net Impact to General Revenue Related Funds for SB2563, Committee Report 1st House, Substituted: an impact of $0 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.

General Revenue-Related Funds, Five-Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2010	$0
2011	$0
2012	$0
2013	$0
2014	$0

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from Judicial Fund 573	Probable Revenue Gain from Judicial Fund 573
2010	$0	$0
2011	($50,003)	$50,003
2012	($75,000)	$75,000
2013	($75,000)	$75,000
2014	($75,000)	$75,000

Fiscal Analysis

The bill would amend the Government Code to create a new County Court at Law in Kaufman County. County Court at Law No. 3. The bill specifies that the court would be created January 1, 2011. The bill would take effect September 1, 2009.

Methodology

The annual recurring cost to the state per county court at law would be $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 assumes the cost of the salary supplement at 8 out of 12 months for fiscal year 2011 since the County Court at Law in Kaufman County would not be created until January 1, 2011.

 

Also, the salary supplement program for county court at law judges is funded from fees and court costs collected by county courts at law statewide and deposited into the Judicial Fund No. 573. This estimate assumes that the County Court at Law in Kaufman County would generate sufficient revenue to Judicial Fund No. 573 to cover the cost of the salary supplement.

Local governments pay the other operating costs associated with a county court at law.

Local Government Impact

Kaufman County is currently served by the County Court at Law of Kaufman County and the County Court at Law No. 2 of Kaufman County.

The Kaufman County Auditor was contacted to estimate the impact on county revenues and expenses. Kaufman County would be responsible for all costs of the new court, including the salary and benefits of the judge and other court personnel. Kaufman County's fiscal year begins October 1. According to the Kaufman County Auditor, Kaufman County's costs would be the one-time first year expenditure of an estimated $150,000 for remodeling of a facility, technology, furniture and equipment.

Full year costs for court personnel are estimated at $274,800 (judge's salary of $131,500, court reporter's salary of $60,000, court coordinator's salary of $42,000, payroll taxes of $18,000, retirement contribution of $16,500 and $6,800 for dues, travel and training). There would also be $6,800 in operating expenses for a total annual cost of $281,600. The estimated annual costs for fiscal years 2012-2014 would increase by $29,300 (additional costs of an assistant court coordinator-- salary of $27,000, payroll taxes of $2,000 and benefits of $1,900, less $1,600 in reduced maintenance and operations costs), for a total annual cost of $310,900. The County Auditor’s salary projections do not take into account the $75,000 salary supplement the county would receive from the state for the judge’s salary.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts

LBB Staff:

JOB, JP, MN, TP