SRC-HRD S.B. 328 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 328
By: Brown
Finance
2-17-97
Committee Report (Amended)


DIGEST 

Currently, Texas law does not provide for a special commission for the
review and recommendation of certain judicial salaries.  The 74th
Legislature created the Commission on Judicial Efficiency and charged the
commission with evaluating the judicial system in Texas and reporting back
to the legislature with recommendations to improve the efficiency of the
system.  The report recommends the establishment of a judicial
compensation commission, which would be responsible for making
recommendations to the legislature on judicial salaries.   

This bill would establish the Judicial Compensation Commission to make
recommendations to the legislature in regard to certain judicial salaries.
In addition, recommendations made by the commission would be binding
unless rejected by either house of the legislature. 

PURPOSE

As proposed, S.B. 328 establishes the Judicial Compensation Commission and
sets forth guidelines for its operation. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2B, Government Code, by adding Chapter 35, as
follows: 

CHAPTER 35.  JUDICIAL COMPENSATION COMMISSION

SUBCHAPTER A.  ORGANIZATION

Sec. 35.001.  DEFINITION.  Defines "commission."

Sec. 35.002. MEMBERSHIP; TERMS.  Provides that the Judicial Compensation
Commission (commission) consists of nine members appointed  by the
governor with the advice and consent of the senate.  Provides that members
serve for staggered terms of six years with the term of three members
expiring on February 1 of each odd-numbered year. 

Sec. 35.003.  VACANCY.  Requires the governor to appoint a replacement to
fill the unexpired portion of the term in the event of a vacancy. 

Sec. 35.004. PRESIDING OFFICER.  Requires the governor to designate a
member of the commission as the presiding officer to serve in that
capacity at the pleasure of the governor. Authorizes the presiding officer
to vote on all matters before the commission. 

Sec. 35.005. QUALIFICATIONS.  Sets forth the qualifications for membership.

Sec. 35.006.  REMOVAL.  Sets forth the grounds for removal from the
commission. 

Sec. 35.007.  ADMINISTRATIVE SUPPORT.  Requires the Office of Court
Administration  to provide administrative support for the commission.
Provides that the commission is entitled to receive staff support, meeting
facilities, temporary work facilities, and other support and resources
from the Office of Court Administration. 

Sec. 35.008.  COMPENSATION AND REIMBURSEMENT.  Prohibits a member of the
commission from receiving compensation for the member's service on the
commission. Requires the Office of Court Administration to reimburse a
member for certain expenses. Requires a member to follow certain
reimbursement procedures.  

Sec. 35.009.  OPEN MEETINGS AND OPEN RECORDS.  Provides that the
commission is subject to Chapters 551 and 552, Government Code. 

SUBCHAPTER B.  POWERS AND DUTIES

Sec. 35.101. MEETINGS.  Requires the commission to meet at the call of the
presiding officer or at the request of a majority of the members. 

Sec. 35.102.  BIENNIAL REPORTS.  Requires the commission to make a
biennial report to the legislature by December 1 of each even-numbered
year.  Sets forth guidelines for making recommendations for judicial
salaries in the report.   

Sec. 35.103.  BINDING NATURE OF REPORT.   Provides that the
recommendations made by the commission in its biennial report to the
legislature are binding and have full force of law on September 1
following the delivery of the report to the lieutenant governor, the
speaker of the house, and the members and members-elect of the
legislature, if neither the senate nor the house of representatives, by
majority vote, rejects the recommendations before the 180th day after the
date on which the report is delivered.  Requires the comptroller to make
payments for the recommended salaries unless either the senate or the
house rejects the recommendations as provided by Subsection (a). 

SECTION 2.  Amends Section 659.011, Government Code, to provide that
except as provided by Chapter 35, the salaries of all state officers and
employees are in the amounts provided by the biennial appropriations act. 

SECTION 3.  Repealer:  Section 659.012, Government Code (Judicial
Salaries). 

SECTION 4.  Requires the governor, in appointing the initial members of
the commission, to appoint one person to a term expiring February 1, 1999,
one person to a term expiring February 1, 2001, and one person to a term
expiring February 1, 2003.   

SECTION 5.  Effective date:  pending voter approval.

SECTION 6.  Emergency clause.



SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 35.002, Government Code, to provide that the
commission consists of nine members, rather than three.  Provides that
members serve for staggered terms of six years with the term of three
members, rather than one member, expiring on February 1 of each
oddnumbered year. 

Amends SECTION 1 by adding Section 35.009, Government Code, regarding open
meetings and open records laws. 

Amends SECTION 1, Section 35.101, to delete a requirement that the
commission meet either in person or by teleconference.   

 Amends SECTION 1 by deleting Section 35.102 and renumbering subsequent
sections. 

Amends SECTION 1, Section 35.103, by requiring the commission to require,
among other factors, the compensation from the state presently received by
other public officials in the state, rather than the overall compensation
presently received by other public officials of the state.