Bill Caption

Relating to the operation and administration of and practice in courts in the judicial branch of state government and the composition of certain juvenile boards.

Fiscal Notes

House Committee Substitute Fiscal Note:

State Impact

Estimated Two-year Net Impact to General Revenue Related Funds for SB1139, Committee Report 2nd House, Substituted: a negative impact of ($3,084,508) through the biennium ending August 31, 2017.

Local Impact

The bill would establish new courts, which would require annual costs for personnel and operating expenses and in may require one-time costs, such as furniture, to establish.

According to the Comptroller of Public Accounts (CPA), Kerr County, Colin County, San Patricio County, Aransas County, Hidalgo County, El Paso County, and Gillespie County reported that the fiscal impact could not be determined.

According to the CPA, the Guadalupe County Auditor's Office reported a savings of $77,036 in the county attorney's office for nine months in fiscal year 2017. There would be a savings of $102,715 each year thereafter.

According to the CPA, the Scurry County Auditor's Office reported the county would no longer pay a monthly supplement of $2,722 per month to the district attorney. There would be a savings of $10,888 in fiscal year 2017 and a savings of $32,644 each year thereafter. The Borden County District Attorney's Office reported that no fiscal impact is anticipated.

According to the CPA, Coryell County would be responsible for paying the salary and benefits for court personnel for the 440th Judicial District. The Coryell County Auditor's Office estimated the annual cost for the new court in fiscal year 2017-20 for salary and benefits would be $312,500 and $7,200 for operating expenses. The court is anticipated to generate about $60,000 annually from fines and fees. There would be one-time start-up costs of $80,000 and $25,000 for new technology in fiscal year 2017.

According to the CPA, Ector County would be responsible for paying the salary and benefits for court personnel for the 446th Judicial District. The Ector County Auditor's Office estimates a 3.8 percent increase in expenditures for each fiscal year from 2016 to 2020.  There would be a one-time expenditure of $25,000 for furnishings and equipment in fiscal year 2015. The salary and benefits for personnel would be pro-rated for one month, which are anticipated to be $16,797 for a total cost of $41,797 in fiscal year 2015.

According to the CPA, Harris County would be responsible for paying the salary and benefits for 507th Judicial District court personnel. According to the Harris County Budget Office, fiscal year 2016 expenditures for the new court would be pro-rated for two months, totaling $73,534. The expenditures would be $905,224 in fiscal year 2017, $932,381 in fiscal year 2018, $960,352 in fiscal year 2019, $989,163 in fiscal year 2019. Technology costs would be approximately $3,660 for equipment. To implement the Harris County Court at Law No. 16, the estimated starting baseline would be $2,333,661 in fiscal year 2017 and increasing by 2.45 percent every year thereafter.

According to the CPA, Collin County would be responsible for paying the salary and benefits for the 469th and 470th judicial family district courts' personnel.  According to the Collin County Budget Office, the projected expenses for both courts total $632,124 in fiscal year 2015. The projected technology cost for both courts is $426,008; the one-time cost for furniture for both courts is $112,436; the operations for both courts is $32,970; and the one month pro-rated salary and benefits for six employees for both courts is $60,710. According to the Collin County Budget office, the expenditures including salaries, benefits, and operations for both courts is $762,970 in fiscal year 2016. There will be an increase in expenses for both courts ranging from 1.6 percent to 2.5 percent for fiscal year 2017-2020.
 
According to the CPA, Fort Bend County Auditor's Office would be responsible for paying the salary and benefits for the 505th judicial district courts' personnel. The Fort Bend County Judge's Office reported a 2.35 percent increase in compensation and benefits for personnel and a 3 percent increase in operating costs. The projected costs would be an estimated $1,733,600 for fiscal year 2017, $1,759,940 in fiscal year 2018, $1,789,869 in fiscal year 2019, $1,814,401 in fiscal year 2020. Fiscal year 2016 costs would be pro-rated for one month totaling $150,226.

According to the CPA, the Cameron County Auditor's Office reported a one-time start-up construction cost of approximately $1 million for each building for the two courts. Additionally, there would a cost of $540,000 per court per fiscal year for personnel, $40,000 in operational expenditures per court per fiscal year and $14,000 per court per fiscal year in technology expenditures. Cameron County also reported that the bill would generate additional fine revenue of $45,000 per court per fiscal year.

According to the CPA, the Tarrant County Budget Office reported that to implement the bill's provision requiring a bailiff to be placed upon appointment or request by each judge in the court would cost Tarrant County approximately $225,000 in fiscal year 2016 and increase each fiscal year by approximately 4.76 percent.
 
According to the CPA, the Atascosa County Auditor reported that the addition of a new juvenile board member would cost the county $800 per year.
 
Finally, Fisher and Nolan Counties may realize possible county savings of up to $55,000 annually since they would not have to provide compensation for a total salary of not less than $1,000 less than the compensation of a district judge due to the bill setting the state compensation for this position at a district judge salary level.

Senate Committee Substitute Fiscal Note:

State Impact

Estimated Two-year Net Impact to General Revenue Related Funds for SB1139, Committee Report 1st House, Substituted: a negative impact of ($2,821,821) through the biennium ending August 31, 2017.

Local Impact

The bill would establish new courts, which would require annual costs for personnel and operating expenses and in may require one-time costs, such as furniture, to establish.

According to the Comptroller of Public Accounts (CPA), Kerr County, Colin County, San Patricio County, Aransas County, Hidalgo County, El Paso County, and Gillespie County reported that the fiscal impact could not be determined.

According to the CPA, the Guadalupe County Auditor's Office reported a savings of $77,036 in the county attorney's office for nine months in fiscal year 2017. There would be a savings of $102,715 each year thereafter.

According to the CPA, the Scurry County Auditor's Office reported the county would no longer pay a monthly supplement of $2,722 per month to the district attorney. There would be a savings of $10,888 in fiscal year 2017 and a savings of $32,644 each year thereafter. The Borden County District Attorney's Office reported that no fiscal impact is anticipated.

According to the CPA, Coryell County would be responsible for paying the salary and benefits for court personnel for the 440th Judicial District. The Coryell County Auditor's Office estimated the annual cost for the new court in fiscal year 2017-20 for salary and benefits would be $312,500 and $7,200 for operating expenses. The court is anticipated to generate about $60,000 annually from fines and fees. There would be one-time start-up costs of $80,000 and $25,000 for new technology in fiscal year 2017.

According to the CPA, Ector County would be responsible for paying the salary and benefits for court personnel for the 446th Judicial District. The Ector County Auditor's Office estimates a 3.8 percent increase in expenditures for each fiscal year from 2016 to 2020.  There would be a one-time expenditure of $25,000 for furnishings and equipment in fiscal year 2015. The salary and benefits for personnel would be pro-rated for one month, which are anticipated to be $16,797 for a total cost of $41,797 in fiscal year 2015.

According to the CPA, Harris County would be responsible for paying the salary and benefits for 507th Judicial District court personnel. According to the Harris County Budget Office, fiscal year 2016 expenditures for the new court would be pro-rated for two months, totaling $73,534. The expenditures would be $905,224 in fiscal year 2017, $932,381 in fiscal year 2018, $960,352 in fiscal year 2019, $989,163 in fiscal year 2019. Technology costs would be approximately $3,660 for equipment. To implement the Harris County Court at Law No. 16, the estimated starting baseline would be $2,333,661 in fiscal year 2017 and increasing by 2.45 percent every year thereafter.

According to the CPA, Collin County would be responsible for paying the salary and benefits for the 469th and 470th judicial family district courts' personnel.  According to the Collin County Budget Office, the projected expenses for both courts total $632,124 in fiscal year 2015. The projected technology cost for both courts is $426,008; the one-time cost for furniture for both courts is $112,436; the operations for both courts is $32,970; and the one month pro-rated salary and benefits for six employees for both courts is $60,710. According to the Collin County Budget office, the expenditures including salaries, benefits, and operations for both courts is $762,970 in fiscal year 2016. There will be an increase in expenses for both courts ranging from 1.6 percent to 2.5 percent for fiscal year 2017-2020.
 
According to the CPA, Fort Bend County Auditor's Office would be responsible for paying the salary and benefits for the 505th judicial district courts' personnel. The Fort Bend County Judge's Office reported a 2.35 percent increase in compensation and benefits for personnel and a 3 percent increase in operating costs. The projected costs would be an estimated $1,733,600 for fiscal year 2017, $1,759,940 in fiscal year 2018, $1,789,869 in fiscal year 2019, $1,814,401 in fiscal year 2020. Fiscal year 2016 costs would be pro-rated for one month totaling $150,226.

According to the CPA, the Cameron County Auditor's Office reported a one-time start-up construction cost of approximately $1 million for each building for the two courts. Additionally, there would a cost of $540,000 per court per fiscal year for personnel, $40,000 in operational expenditures per court per fiscal year and $14,000 per court per fiscal year in technology expenditures. Cameron County also reported that the bill would generate additional fine revenue of $45,000 per court per fiscal year.

According to the CPA, the Tarrant County Budget Office reported that to implement the bill's provision requiring a bailiff to be placed upon appointment or request by each judge in the court would cost Tarrant County approximately $225,000 in fiscal year 2016 and increase each fiscal year by approximately 4.76 percent.
 
According to the CPA, the Atascosa County Auditor reported that the addition of a new juvenile board member would cost the county $800 per year.
 
Finally, Fisher and Nolan Counties may realize possible county savings of up to $55,000 annually since they would not have to provide compensation for a total salary of not less than $1,000 less than the compensation of a district judge due to the bill setting the state compensation for this position at a district judge salary level.

Bill Analysis

House Committee Substitute:

SB 1139 was amended from the Senate Committee substitute version to increase the statewide electronic filing fund fee from $20 to $30, which is assessed at county-level, district, and appellate courts.

Original Analysis:

SB 1139 would amend code to establish new judicial districts and change the boundaries of current districts. This bill would also authorize the additional personnel required for the districts.

Vote Recommendation Notes

05/20/2015 Update:

SB 1139 was amended with minor changes and a substantive change. This does not affect our vote recommendation. We still support SB 1139 in the second chamber. The second chamber sponsor is Representative John Smithee.

Original chamber recommendation:

This is an administrative bill for the legislature to address the requirements of population growth and change in counties in regards to the judicial system. The negative fiscal impact is because General Revenue funding would be needed to support these necessary changes. While this does add some cost to the state, having a judicial system that can efficiently and effectively meet the needs of a growing population and adjudicate cases in a speedy manner fits within our view of the proper role of a limited government. For this reason, we support SB 1139.