Honorable Bryan Hughes, Chair, Senate Committee on Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB2878 by Hughes (Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.), As Introduced
Estimated Two-year Net Impact to General Revenue Related Funds for SB2878, As Introduced: a negative impact of ($2,534,382) through the biennium ending August 31, 2027.
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
2026
($1,173,208)
2027
($1,361,174)
2028
($1,361,174)
2029
($1,361,174)
2030
($1,361,174)
All Funds, Five-Year Impact:
Fiscal Year
Probable Savings/(Cost) from General Revenue Fund 1
Probable Savings/(Cost) from Judicial Fund 573
Probable Savings/(Cost) from Other Special State Funds 998
Change in Number of State Employees from FY 2025
2026
($1,173,208)
($38,793)
($8,809)
5.0
2027
($1,361,174)
($44,964)
($10,210)
6.0
2028
($1,361,174)
($44,964)
($10,210)
6.0
2029
($1,361,174)
($44,964)
($10,210)
6.0
2030
($1,361,174)
($44,964)
($10,210)
6.0
Fiscal Analysis
The bill would amend various chapters of the Government Code as it relates to district courts, statutory county courts, visiting judges, criminal law magistrates, business courts, jurors, and court administration.
The bill would amend Government Code to create new judicial districts in: Brazoria County, the 490th Judicial District to be created on September 1, 2025, and the 491st Judicial District created on September 1, 2026; Fort Bend County, the 501st and 502nd Judicial Districts to be created September 1, 2025; Rockwall County, the 503rd Judicial District to be created on September 1, 2025; and Ellis County, the 504th Judicial District to be created on September 1, 2025.
The bill would expand the concurrent jurisdiction of the Atascosa County Court at Law and provides that the judge of this court would be paid as provided by Government Code Section 25.0005. The bill would revise various provisions governing the Bowie County Court at Law, giving it certain concurrent jurisdiction, setting the official court report's salary, detailing jury composition and deleting a provision specifically detailing the judge's salary. The bill would alter the jurisdiction of the Hidalgo County Courts at Law and the Potter County Courts at Law. The bill would eliminate the eminent domain jurisdiction of a statutory probate court in Montgomery County.
The bill would authorize the presiding judge of the statutory probate courts to assign a former or retired justice of an appellate court to hear certain cases and would permit a former or retired justice of an appellate court to be assigned by the presiding judge to hold court.
The bill would authorize the Bell County Commissioners Court to select magistrates to serve the courts of Bell County having jurisdiction in criminal matters.
Under the provisions of the bill, a judge of a division of the business court would be entitled to an annual salary supplement from the state in an amount equal to the difference between the judge's annual base salary from the state and the maximum combined base salary from all state and county sources paid to a district judge.
The bill would require the district clerk to prepare a list of certain persons disqualified from serving as a grand juror and send a copy of the list to certain officials.
The bill would revise the qualifications to be a juror and the requirements for documenting and transmitting names of persons ineligible to be jurors.
The bill would provide that certain courts may appoint a spoken language interpreter who is not a certified or licensed court interpreter under certain conditions.
The bill would revise the membership and duties of a court security committee established by a local administrative judge.
Methodology
Costs assumed by this analysis that are reflected in the table above are based on information provided by the Office of Court Administration (OCA) and the Comptroller of Public Accounts (CPA).
This analysis assumes the cost of six district judges, related benefit costs, and the state salary supplement for business court judges. For the purposes of this analysis, judicial salaries are based on the current annual base salary of a district judge, or $140,000.
According to CPA, the agency would require $700,000 in General Revenue in fiscal year 2026 to cover judicial salaries for the five district courts proposed to be established that year. In fiscal year 2027, an additional $140,000 would be needed for a sixth court, for a total of $840,000. The agency also anticipates $12,000 each fiscal year for travel expenses for judges.
Under Government Code Ch. 659, a district judge may receive a county-funded salary supplement of up to $18,000 per fiscal year. This analysis assumes 10.0 business court judge (2.0 per each of five statutorily created courts) would be eligible for the $18,000 supplement provided under the provisions of the bill, resulting in an additional $180,000 in General Revenue per fiscal year.
Benefits include the 19.25 percent state contribution to the Judicial Retirement System Plan 2 of $169,400 in fiscal year 2026 and $196,350 in fiscal year 2027 in All Funds as well as state contributions for the ERS retirement plan, social security, and agency payroll contributions for retirement and health insurance of $159,410 in fiscal year 2026 and $187,998 in fiscal year 2027 in All Funds.
Local Government Impact
There could be an impact on units of local government associated with the provisions of the bill governing local court functions and operations. Local governments pay the other operating costs associated with a district court, county court at law, and statutory probate court.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 327 Employees Retirement System