PMWJ S.B. 310 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 310
By: Brown et al. (Goodman/Thompson/H. Cuellar)
5-8-97
Committee Report (Unamended)


BACKGROUND 

 Currently, according to the Commission on Judicial Efficiency, which was
created by the 74th Legislature to evaluate the judicial system in Texas,
members of the Texas judiciary are paid less than members of the judiciary
in other populous states and the federal judiciary.  This bill would
provide that the salary of a Justice of the Supreme Court and Court of
Criminal Appeals is at least $102,463.  This is the salary of U.S.
Magistrate Judges, the lowest paid federal judges.  This bill also sets
the salaries of justices of the courts of appeals and the salaries of
district judges.    


PURPOSE

 S.B. 310 sets forth provisions regarding the salaries of justices of the
supreme court and courts of appeals, as well as district court judges.   


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 Section 659.012, Government Code, to provide that,
notwithstanding Section 659.011, a justice of the supreme court is
entitled to an annual salary from the state of at least $102,463 and makes
conforming and nonsubstantive changes.   
 The salaries of courts of appeals justices and  district judges are
already tied to supreme court justice's salaries.  A justice of the court
of appeals other than the chief justice is entitled to an annual salary
from the state that is five percent less than the salary provided by the
General Appropriations Act for a justice of the supreme court, except that
the combined salary of a court of appeals justice may not exceed the
amount that is $1,000 less than the salary provided for a supreme court
justice. The chief justice of a court of appeals is entitled to an annual
salary from the state that is $500 more than the salary provided for the
other justices of the court of appeal, except that the combined salary of
the chief justice of a court of appeals may not exceed the amount that is
$500 less than the salary provided for a justice of the supreme court.  A
judge of the district court is entitled to an annual salary from the state
that is 10 percent less than the salary provided in the General
Appropriations Act for a justice of the supreme court, except that unless
otherwise provided by law, the combined salary of a district judge from
state and county sources may not exceed the amount that is $2,000 less
than the salary provided for a justice of the supreme court.  Makes
conforming and formatting changes. 

 SECTION 2. Amends Section 74.061, Government Code, by adding Subsections
(h) and (i), to set forth provisions regarding the salary from the state
of a retired judge or justice assigned to a district court and of a former
judge or justice assigned to a district court. 

 SECTION 3.  Effective date.

 SECTION 4. Emergency clause.