LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 22, 2009 TO: Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2324 by Duncan (Relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Family Code relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment. The bill would add a subsection to the Family Code making all retirement allowances, annuities, accumulated contributions, optional benefits, and money in the various retirement system accounts of the state community property and not subject to a criminal restitution judgment as it relates to the nonparticipant spouse. To the extent the bill modifies the income eligible to be pursued in a criminal restitution judgment, the rules change is not anticipated to increase the workload of the court system. The bill would take effect September 1, 2009. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, MN, ZS, JP, KJG LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 22, 2009 TO: Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB2324 by Duncan (Relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment.), Committee Report 2nd House, Substituted TO: Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB2324 by Duncan (Relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment.), Committee Report 2nd House, Substituted Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence Honorable Todd Hunter, Chair, House Committee on Judiciary & Civil Jurisprudence John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB2324 by Duncan (Relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment.), Committee Report 2nd House, Substituted SB2324 by Duncan (Relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment.), Committee Report 2nd House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Family Code relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment. The bill would add a subsection to the Family Code making all retirement allowances, annuities, accumulated contributions, optional benefits, and money in the various retirement system accounts of the state community property and not subject to a criminal restitution judgment as it relates to the nonparticipant spouse. To the extent the bill modifies the income eligible to be pursued in a criminal restitution judgment, the rules change is not anticipated to increase the workload of the court system. The bill would take effect September 1, 2009. The bill would amend the Family Code relating to the classification of certain types of marital property in regards to claims for payment of a criminal restitution judgment. The bill would add a subsection to the Family Code making all retirement allowances, annuities, accumulated contributions, optional benefits, and money in the various retirement system accounts of the state community property and not subject to a criminal restitution judgment as it relates to the nonparticipant spouse. To the extent the bill modifies the income eligible to be pursued in a criminal restitution judgment, the rules change is not anticipated to increase the workload of the court system. The bill would take effect September 1, 2009. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 212 Office of Court Administration, Texas Judicial Council 212 Office of Court Administration, Texas Judicial Council LBB Staff: JOB, MN, ZS, JP, KJG JOB, MN, ZS, JP, KJG