Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB4504 by Landgraf (Relating to the appointment of certain judicial offices, a board for considering the qualification of applicants for judicial office, and a nonpartisan election for the retention or rejection of a person appointed to those offices.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for HB4504, As Introduced: a negative impact of ($1,181,044) 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
($516,993)
2021
($664,051)
2022
($665,491)
2023
($666,721)
2024
($667,981)
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
Change in Number of State Employees from FY 2019
2020
($516,993)
6.0
2021
($664,051)
6.0
2022
($665,491)
6.0
2023
($666,721)
6.0
2024
($667,981)
6.0
Fiscal Analysis
The bill would amend the Government Code and the Elections Code to establish an 11 member judicial appointments advisory board and require non-partisan judicial retention elections for the judicial offices of the Supreme Court, the Court of Criminal Appeals, the court of appeals, district judges of judicial districts that contain a county with a population of more than 500,000, and district judges of a judicial district in which the voters of the district have voted to have district court judge vacancies filled by appointment.
The bill would take effect January 1, 2020. The bill would require the approval of a amendment to the Texas Constitution by the voters for appointments to fill vacancies in the offices of the Supreme Court, Court of Criminal Appeals, courts of appeals, and certain district courts, for nonpartisan retention elections and the creation of the judicial appointments advisory board. If voters do not approve the constitutional amendment, the provisions of the bill would not take effect.
Methodology
Based on information provided by the Office of Court Administration (OCA), implementing the provisions of the bill would require two attorney positions, one investigator position, one researcher position, and one administrative assistant position to write reports, coordinate meetings, analyze data, and provide other resources and support to the commission beginning January 1, 2020. This analysis includes $409,806 in fiscal year 2020 and $614,709 in fiscal year 2021 for salaries and benefits ($1,024,514 for the 2020-21 biennium). In addition, it is assumed that equipment, rent, and other operating costs would total $97,914 for fiscal year 2020 and $36,978 in fiscal year 2021 and each subsequent fiscal year.
Under provisions of the bill, appointed members would not be entitled to compensation while serving on the commission but may be reimbursed for actual and necessary travel and lodging expenses. Based on OCA's historical expenses incurred while providing support to similar commissions, the average travel and lodging cost per member per day is anticipated to be $281. OCA anticipates 11 members will request reimbursement for travel and lodging expenses while participating in quarterly commission meetings. This analysis assumes 3 meetings in fiscal year 2020 ($281 x 11 members x 3 = $ 9,273) and 4 in fiscal year 2021 and each subsequent fiscal year ($281 x 11 members x 4 = $12,364).
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council