CN C.S.H.B. 3560 75(R)    BILL ANALYSIS


JUDICIAL AFFAIRS
H.B. 3560
By: Goodman
C.S.H.B. 3560
By: Thompson
4-16-97
Committee Report (Substituted)



BACKGROUND 

 At the present time all salaries for constitutional county judges are
paid by the county. Because some constitutional county judges perform
judicial functions, some officials believe it is appropriate to provide a
salary supplement to those judges whose duties require them to spend at
least 40 percent of their time on judicial functions.  Others believe that
the state should supplement the salaries of certain county attorneys
carrying out duties relevant to judicial functions.  


PURPOSE

 C.S.H.B. 3560 entitles qualifying constitutional county judges to an
annual state salary supplement of $5,000 and county attorneys, who do not
have general felony jurisdiction, to an annual state salary supplement as
set out in the General Appropriations Act. 


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 adds new Sec. 26.006 to Subchapter A, Chapter 26, of the
Government Code. 
 Subsec. (a) grants a county judge a $5000 per year salary supplement from
the state if at least 40 (forty) percent of the duties the judge performs
are judicial functions.  
 Subsec. (b) provides that to receive the salary supplement, the judge
must file an affidavit with the Office of Court Administration of the
Texas Judicial System stating that the duties of the judge are at least 40
percent judicial functions.  It further requires the office of Office of
Court Administration to send the affidavit to the comptroller. 

 SECTION 2 adds Sec. 45.003 to Subchapter A, Chapter 45, Government Code
to provide that a county attorney, who does not have general felony
jurisdiction, is entitled to an annual salary supplement from the state as
set out in the General Appropriations Act. 

 SECTION 3.  Effective date.

 SECTION 4.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

 Government Code Section 45.003, in Section 2 of the substitute, was
changed to provide that the annual salary supplement to county attorneys
is as set out in the General Appropriations Act; in the original bill, the
salary supplement was $2500 annually.  In the same section in the original
bill,  the county attorneys entitled to the supplement were those who did
not represent the state in district court; in the substitute, this was
changed to county attorneys who do not have general felony jurisdiction.