Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB1619 by Leach (Relating to court reporters and shorthand reporting firms; imposing a fee; creating a criminal offense.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB1619, As Introduced: an impact of $0 through the biennium ending August 31, 2021.
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
2020
$0
2021
$0
2022
$0
2023
$0
2024
$0
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
Probable Revenue Gain/(Loss) from General Revenue Fund 1
2020
($40,000)
$40,000
2021
($40,000)
$40,000
2022
($40,000)
$40,000
2023
($40,000)
$40,000
2024
($40,000)
$40,000
Fiscal Analysis
The bill would amend the Business and Commerce Code, the Civil Practices and Remedies Code, and the Government Code regarding the certification, registration, licensing, and renewal for court reporters and shorthand reporting firms. The bill would create apprentice certification and provisional certification classes to allow a person to provide court reporting services without meeting full certification standards and would require the Judicial Branch Certification Commission (JBCC) to create and maintain a list of other states that have similar court reporter certification requirements for the purpose of certifying court reporters from those states. The bill would allow a shorthand reporting firm to pay a registration or renewal fee equal to the fee for court reporter certification in lieu of the fee required for shorthand reporting firms if the firm is owned more than 50 percent by a certified court reporter and the reporter maintains control of the firm. In addition, the bill would create a new Class A misdemeanor offense which would be punishable by a fine not to exceed $4,000 in addition to any other court costs or fees that may be assessed.
The bill would take effect on September 1, 2019.
Methodology
According to the Office of Court Administration, additional technology costs of $40,000 would be required each fiscal year in licensing fees for the software utilized by the JBCC to add two additional license classifications to the current system. Under current law, the JBCC collects a $200 fee on 315 court reporting businesses, or $63,000, for a two year registration. Since the bill would prohibit the collection of those fees, this analysis assumes there would be a similar revenue reduction realized in every subsequent two year period. The table above does not reflect the reduction in revenue because the JBCC is statutorily required to generate revenue in amounts sufficient to cover all of its operating costs each fiscal year. Accordingly, this analysis assumes that fees would be adjusted as necessary to cover all revenue losses and additional costs.
Based on the analysis of the Comptroller of Public Accounts, creating a new offense could potentially result in an increase in revenue due to fines, costs, or fees associated with an offense; however, the extent to which creating a new offense would impact revenue cannot be determined.
Technology
Technology costs of $40,000 each year would be required for increased licensing fees.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts