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.