baa C.S.H.B. 2837 75(R)    BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 2837
By: Thompson
C.S.H.B. 2837
By: Thompson
4-28-97
Committee Report (Substituted)



BACKGROUND 

 The statutory county courts have been used to lessen the backlog 
of cases in district courts 
created by the state's unwillingness and inability in some areas 
to create additional district courts. 
Many counties have created statutory county courts or increased 
the jurisdiction of existing courts 
in response.  The 72nd Legislature passed H.B. 66 to establish a 
system to help fund statutory county 
courts throughout the state through the collection of fees and  
costs to help fund the state work being 
done by these county courts.  Under the system created, counties 
opt into the funding system by 
meeting certain conditions regarding court fees, costs, and 
salary levels.  In return the county receives 
at least $25,000 per court. H.B. 66 also tied the salaries of 
most statutory county court judges to 
$1,000 less than the salary of a district judge in the same 
county.  Because the state is currently in 
the process of giving the district judges a substantial raise, 
many counties are going to be required 
to increase the salaries of statutory county court judges.  
Raising the filing fees established in 
25.0016, Government Code to match the district court filing fee 
and raising the counties' share of 
filing fees under 51.702(a), Government Code to $40 would provide 
more than an additional $5,000 
per statutory county  court.  Providing an additional  $5,000 per 
statutory county court would  help 
offset the increase in the salaries of statutory county court 
judges.


PURPOSE

 The purpose of this bill is to provide counties an additional 
$5,000 per county court by 
collecting additional filing fees to help offset the increase in 
the salaries of statutory county court 
judges mandated by Section 25.005(a), Government Code, when 
district judges salaries are 
increased, and to mandate an additional $4,000 in salaries for 
statutory county court judges whose 
salaries are not tied to district judges' salaries, but for whom 
minimum salaries are set in Section 
25.0005(e) of the Government Code.


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 25.0005(e), Government Code, is amended to 
increase the salary of 
judges covered by this subsection by $4,000.

 SECTION 2 amends Section 25.0015(a), Government Code, to increase 
the compensation 
to counties collecting fees under Section 51.702, from $25,000 to 
$30,000.

 SECTION 3 amends 25.0016(c), Government Code, to increase the 
credit for fees collected 
and deposited in the judicial fund under Section 51.702 to $40.

  SECTION 4 amends Section 51.702(a) to increase the filing fee 
collected in  statutory county 
courts from $30 to $40.

 SECTION 5.  Effective date.  Application of the Act.

 SECTION 6.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

 Sections 1 and 2 of the substitute, amending Tex. Gov't Code '' 
25.0005(e) and 25.0015(a), 
respectively, were not in the original bill.
 Section 1 of the original bill, amending Government Code Sec. 
25.0016(c) is Section 3 in 
the substitute.  The new credit to deposited the judicial fund 
was left blank in the original and is $40 
in the substitute.
 Section 2 of the original bill is Section 4 of the substitute.  
The new filing fee in Sec. 
51.702(a) was left blank in the original bill and is $40 in the 
substitute; the substitute deletes 
amendments to Sec. 51.702(b).
 Section 3 of the original bill, amending Tex. Gov't Code ' 
25.005(a) by striking language that 
requires participating counties collecting the optional fee to 
pay statutory county court judges a salary 
that is $1000 less than a district judge receives in the county, 
does not appear in the substitute.
 Section 4 of the original bill, application of the act, does not 
appear in the substitute.
 Section 5 of the substitute is a different application of the act 
and includes an effective date.
 Section 5 of the original bill becomes Section 6 in the