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A BILL TO BE ENTITLED
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AN ACT
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relating to the compensation and retirement benefits of certain |
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elected state officials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.006(a), Government Code, is amended |
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to read as follows: |
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(a) A county judge is entitled to an annual salary |
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supplement from the state in an amount equal to 18 percent of the |
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annual [state base] salary paid to a district judge with comparable |
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years of service as the county judge as set by the General |
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Appropriations Act in accordance with Section 659.012 [659.012(a)] |
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if at least 18 percent of the: |
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(1) functions that the judge performs are judicial |
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functions; or |
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(2) total hours that the judge works are in the |
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performance of judicial functions. |
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SECTION 2. Section 659.012(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 659.011 and subject to |
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Subsections (b) and (b-1): |
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(1) a judge of a district court is entitled to an |
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annual base salary from the state as set by the General |
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Appropriations Act in an amount equal to at least $172,494 |
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[$140,000], except that the combined base salary of a district |
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judge from all state and county sources, including compensation for |
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any extrajudicial services performed on behalf of the county, may |
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not exceed the amount that is $5,000 less than the maximum combined |
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base salary from all state and county sources for a justice of a |
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court of appeals other than a chief justice as determined under this |
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subsection; |
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(2) a justice of a court of appeals other than the |
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chief justice is entitled to an annual base salary from the state in |
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the amount equal to 110 percent of the state base salary of a |
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district judge as set by the General Appropriations Act, except |
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that the combined base salary of a justice of the court of appeals |
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other than the chief justice from all state and county sources, |
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including compensation for any extrajudicial services performed on |
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behalf of the county, may not exceed the amount that is $5,000 less |
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than the base salary for a justice of the supreme court as |
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determined under this subsection; |
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(3) a justice of the supreme court other than the chief |
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justice or a judge of the court of criminal appeals other than the |
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presiding judge is entitled to an annual base salary from the state |
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in the amount equal to 120 percent of the state base salary of a |
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district judge as set by the General Appropriations Act; and |
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(4) the chief justice or presiding judge of an |
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appellate court is entitled to an annual base salary from the state |
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in the amount equal to $2,500 more than the state base salary |
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provided for the other justices or judges of the court, except that |
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the combined base salary of the chief justice of a court of appeals |
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from all state and county sources may not exceed the amount equal to |
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$2,500 less than the base salary for a justice of the supreme court |
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as determined under this subsection. |
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SECTION 3. Section 810.003, Government Code, is amended by |
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amending Subsections (c), (d), and (e) and adding Subsection (d-1) |
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to read as follows: |
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(c) Except as provided by Subsection (d), a member of a |
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public retirement system is not eligible to receive a service |
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retirement annuity under the retirement system if the member is: |
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(1) convicted of a qualifying felony committed while |
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in office and arising directly from the official duties of that |
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elected office; or |
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(2) expelled from a house of the legislature under |
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Section 11, Article III, Texas Constitution. |
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(d) The retirement system, on receipt of notice of a |
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conviction under Subsection (e) or (k), any similar notice of a |
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conviction of a qualifying felony from a United States district |
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court or United States attorney, or any other information that the |
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retirement system determines by rule is sufficient to establish a |
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conviction of a qualifying felony, shall suspend payments of a |
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service retirement annuity to a person the system determines is |
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ineligible to receive the annuity under Subsection (c)(1). A |
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person whose conviction is overturned on appeal or who meets the |
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requirements for innocence under Section 103.001(a)(2), Civil |
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Practice and Remedies Code: |
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(1) is entitled to receive an amount equal to the |
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accrued total of payments and interest earned on the payments |
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withheld during the suspension period; and |
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(2) may resume receipt of annuity payments on payment |
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to the retirement system of an amount equal to the contributions |
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refunded to the person under Subsection (f). |
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(d-1) The retirement system, on receipt of notice of |
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expulsion of a member from the legislature, shall suspend payments |
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of a service retirement annuity to a person the system determines is |
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ineligible to receive the annuity under Subsection (c)(2). |
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(e) Not later than the 30th day after the conviction of a |
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person of a qualifying felony or expulsion of a member from the |
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legislature, the governmental entity to which the person was |
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elected or appointed must provide written notice of the conviction |
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or expulsion to the public retirement system in which the person is |
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enrolled. The notice must comply with the administrative rules |
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adopted by the public retirement system under Subsection (j). |
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SECTION 4. Sections 814.103(a) and (a-1), Government Code, |
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are amended to read as follows: |
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(a) Except as provided by Subsection (a-1) or (b), the |
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standard service retirement annuity for service credited in the |
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elected class of membership is an amount equal to the number of |
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years of service credit in that class, times 2.3 percent of the sum |
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of $140,000 plus any applicable increases determined by the Texas |
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Ethics Commission to reflect inflation or any other relevant |
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factors [the state base salary, excluding longevity pay payable |
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under Section 659.0445 and as adjusted from time to time, being paid |
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to a district judge as set by the General Appropriations Act in |
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accordance with Section 659.012(a)]. |
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(a-1) Except as provided by Subsection (b), the standard |
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service retirement annuity for service credited in the elected |
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class of membership for a member of the class under Section |
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812.002(a)(3) whose effective date of retirement is on or after |
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September 1, 2019, is an amount equal to the number of years of |
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service credit in that class, times 2.3 percent of the state salary, |
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excluding longevity pay payable under Section 659.0445 [and as |
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adjusted from time to time], being paid in accordance with Section |
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659.012 to a district judge who has the same number of years of |
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contributing service credit as the member on the member's last day |
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of service as a district or criminal district attorney, as |
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applicable. |
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SECTION 5. Section 820.053(c), Government Code, is amended |
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to read as follows: |
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(c) For purposes of this section, a member of the elected |
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class of membership under Section 812.002(a)(2) shall have the |
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member's accumulated account balance computed as if the |
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contributions to the account were based on an annual [the state |
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base] salary equal to the dollar amount used to compute the standard |
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service retirement annuity for service credited in the elected |
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class of membership under Section 814.103(a)[, excluding longevity |
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pay payable under Section 659.0445, being paid a district judge as |
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set by the General Appropriations Act in accordance with Section |
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659.012(a)]. |
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SECTION 6. Section 26.006(a), Government Code, as amended |
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by this Act, applies only to a salary payment for a pay period |
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beginning on or after the effective date of this Act. A salary |
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payment for a pay period beginning before the effective date of this |
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Act is governed by the law in effect on the date the pay period |
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began, and that law is continued in effect for that purpose. |
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SECTION 7. Notwithstanding Section 659.012(a), Government |
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Code, as amended by this Act, a judge of a district court is |
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entitled to an annual base salary from the state as set by the |
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General Appropriations Act in an amount equal to at least $155,400 |
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for the state fiscal year beginning September 1, 2023, and ending |
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August 31, 2024, and that amount is the annual base salary to be |
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used for the purpose of calculating any other judicial salaries by |
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reference to that section for the state fiscal year beginning |
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September 1, 2023, and ending August 31, 2024. |
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SECTION 8. This Act takes effect September 1, 2023. |