LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION
 
April 14, 2025

TO:
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB1604 by Bucy (Relating to public access to criminal proceedings.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Code of Criminal Procedure to clarify that magistration proceedings are open to the public. The bill would allow any person to petition a district court for a writ of mandamus or other equitable relief if a magistration proceeding is not open to the public as required. Under the provisions of the bill, courts may impose reasonable limits on in-person access to magistration courts for safety reasons or to prevent overcrowding. The bill would require a magistrate to publish certain information on the court's website prior to conducting a magistration proceeding.

According to the Office of Court Administration (OCA), no significant impact to the state court system is anticipated.

Local Government Impact

Local governments may incur expenses related to providing public access by livestream or videoconference if their courts lack the capability to provide in-person public access to magistration hearings, but the cost cannot be determined due to the number of those entities being unknown. 


Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
LBB Staff:
JMc, MGol, DA, NTh