PMWJ H.B. 518 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 518
By: Thompson
2-26-97
Committee Report (Amended)



BACKGROUND 

 The Commission on Judicial Efficiency studied several areas related to
improving the Texas judiciary. Among the subjects studied by the
commission was the question of judicial compensation. The Commission found
that the compensation of judges in Texas lagged behind those of judges in
other states, the federal judiciary and salaries in the private sector.
The commission recommended the establishment of a judicial compensation
commission, which would be an independent body charged exclusively with
the responsibility of setting judicial wages and that the recommendations
be binding if not rejected by either house of the legislature in a
specified time. 


PURPOSE

 The purpose of this bill is to create a judicial compensation commission
which could make binding recommendations on judicial salaries, unless
those recommendations were rejected by either house of the legislature. 


RULEMAKING AUTHORITY

 It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 


SECTION BY SECTION ANALYSIS

 SECTION 1 amends Subtitle B, Title 2, Government Code, by adding Chapter
35 as follows: 
CHAPTER 35. JUDICIAL COMPENSATION COMMISSION
SUBCHAPTER A. ORGANIZATION 
 Sec. 35.001. Definitions.  Defines "commission" as Judicial Compensation
Commission for this chapter. 
 Sec. 35.002. Membership; Terms.   The commission consists of three
members appointed by the governor, serving staggered six year terms. 
 Sec. 35.003. Vacancy.  Provides that in the event of a vacancy, the
governor appoints a replacement, for the remainder of the term. 
 Sec. 35.004.  Presiding Officer.  Provides that the governor designates
the presiding officer of the commission. 
 Sec. 35.005.  Qualifications.  Provides that each member of the
commission  
  Pmust be a registered voter of this state, 
  Pmay not hold any public office or be a state employee, and
  Pmay not serve on the commission if the person is required to register
as a lobbyist because of the person's activities for compensation on
behalf of a profession.   
Required qualifications apply to the general counsel for the commission.
Governor must make appointments without regard to race, color, disability,
sex, religion, age or national origin. 
 Sec. 35.006.  Removal. 
  Subsec. (a) provides that a member of the commission may be removed if 
   Pthe member did not qualify under section 35.005 at the time of
appointment,  
   Pdoes not maintain those qualifications, 
    Pviolates a prohibition in Section 35.005(b) or (c), 
   Pcannot discharge the duties of a member because of illness or
disability; or  
   Pis absent, without excuse, at more than half the meetings of the
commission    during a calendar year. 
  Subsec. (b) provides that actions of the commission are not invalid due
to a ground  for removal existing against a member. 
 Sec. 35.007. Administrative Support.  The Office of Court Administration
shall provide administrative support for the commission. 
 Sec. 35.008.  Compensation and Reimbursement.  Provides that the
commission members shall receive no compensation for service on the
commission but shall be reimbursed for expenses. 
  SUBCHAPTER B.  POWERS AND DUTIES
 Sec. 35.101.  Meetings. Makes provisions for meetings of the commission.
 Sec. 35.102.  Investigations.  Allows attorney-members of the commission
or an attorney designated by the commission to administer oaths, take
testimony, or subpoena witness or records pertinent to studies and
investigations within the scope of the commission. 
 Sec. 35.103.   Biennial Reports. 
 Subsec. (a) provides that the commission shall make a biennial report to
the legislature to recommend state judicial salaries. Provides deadline
for issuance of report. 
   Subsec. (b) lists factors the commission shall consider in making its
recommendation. 
 Sec. 35.104.  Binding Nature of Report. 
 Subsec. (a) provides that the judicial salaries recommended  by the
commission are binding unless rejected by the Senate or House of
Representatives. 
 Subsec. (b) provides that the Comptroller shall pay the recommended
salaries unless the recommendation is rejected by a majority vote of
either the Senate or House of Representatives.     

 SECTION 2 amends Section 659.011, Government Code, to conform with
proposed Chapter 35, Government Code. 

 SECTION 3 repeals Section 659.012, Government Code, which sets out the
salaries of the various state judges. 

 SECTION 4 provides for the appointment of initial board. 

 SECTION 5 provides that this bill takes effect on the date the proposed
enabling constitutional amendment takes effect. 
 
 SECTION 6.  Emergency Clause.


EXPLANATION OF AMENDMENTS

 Committee Amendment No. 1 (1) deletes proposed Section 35.102,
Investigations, of the Government Code in Section 1 of the bill and
changes one of the factors to be considered from "the overall compensation
presently received by other public officials in the state" to "the
compensation from the state presently received by other public officials
in the state" in order to clarify that the compensation to be considered
is compensation only for the public official's job. 
 Committee Amendment No. 2 provides that November 15 is the earliest date
which the commission may make recommendations for judge's salaries to
ensure that the Legislature will be in session and able to veto the
recommendations within the 180-day time limit. 
 Committee Amendment No. 3 increases the size of the commission to nine
members to avoid inadvertant Open Meetings Law violations, provides that
the terms of three members expire every two years, strikes a provision
allowing the commission to meet in person or by teleconference, and makes
the commission subject to the Open Meetings and Open Records Acts.