LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 85TH LEGISLATIVE REGULAR SESSION
 
April 3, 2017

TO:
Honorable John T. Smithee, Chair, House Committee on Judiciary & Civil Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HJR45 by Schofield (Proposing a constitutional amendment authorizing the legislature to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizing the legislature to prescribe a waiting period before the court may enter a judgment holding the statute unconstitutional.), As Introduced

No significant fiscal implication to the State is anticipated, other than the cost of publication.

The cost to the state for publication of the resolution is $114,369.

The resolution would amend the Constitution to require a court to provide notice to the attorney general of a challenge to the constitutionality of a state statute and authorizes the Legislature to establish a period following the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional.
 
This resolution would be submitted to voters at an election to be held on November 7, 2017. If the resolution passes then the constitutional amendment would take effect on January 1, 2018. The cost to the state for publication of the resolution is $114,369 in fiscal year 2018.
 
Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the resolution could be accomplished by utilizing existing resources.

Local Government Impact

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


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
LBB Staff:
UP, LBO, GDz