LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION

May 3, 2011

TO:	Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:	John S O'Brien, Director, Legislative Budget Board
IN RE:	SB480 by Hegar (Relating to certain appeals from judgments of municipal courts of record. ), As Engrossed

No significant fiscal implication to the State is anticipated.

The bill amends the Code of Criminal Procedure and the Government Code relating to certain appeals of judgements of municipal courts of record. The bill provides that municipal court judgments appealed to county level courts may be appealed to courts of appeals if the fine assessed against the defendant exceeds $100 and is affirmed in an appeal to the county court.  The bill also provides that an appeal may be taken if the only issue is the constitutionality of the statute or ordinance on which the conviction is based.  It is possible that the bill will result in an increase in the number of appeals filed in the courts of appeals, but it is difficult to determine the extent of the increase.  However, it is not expected that the fiscal impact on the courts will be significant.

The bill would take effect immediately if it receives a two-thirds vote from both houses, otherwise the bill would take effect September 1, 2011.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

211 Court of Criminal Appeals, 212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JOB, ESi, JT, JP, KKR