By Gallego, Thompson                                  H.B. No. 2697

         75R9014 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the salary from the state of a district judge who

 1-3     serves as a local administrative district judge.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 659.012, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec.  659.012. JUDICIAL SALARIES.  (a) A justice of a court

 1-8     of appeals other than the chief justice is entitled to an annual

 1-9     salary from the state that is five percent less than the salary

1-10     provided by the General Appropriations Act for a justice of the

1-11     supreme court.  The combined salary of a justice of the court of

1-12     appeals other than the chief justice from all state and county

1-13     sources may not exceed the amount that is $1,000 less than the

1-14     salary provided for a justice of the supreme court.

1-15           (b)  The chief justice of a court of appeals is entitled to

1-16     an annual salary from the state that is $500 more than the salary

1-17     provided for the other justices of the court of appeals.  The

1-18     combined salary of the chief justice of a court of appeals may not

1-19     exceed the amount that is $500 less than the salary provided for a

1-20     justice of the supreme court.

1-21           (c)  A judge of a district court is entitled to an annual

1-22     salary from the state that is 10 percent less than the salary

1-23     provided in the General Appropriations Act for a justice of the

1-24     supreme court.  Unless otherwise provided by law, the combined

 2-1     salary of a district judge from state and county sources may not

 2-2     exceed the amount that is $2,000 less than the salary provided for

 2-3     a justice of the supreme court.  To the extent of any conflict, the

 2-4     salary differential provided by this section for the combined

 2-5     salary of a district judge prevails over any differential set by

 2-6     Chapter 32.

 2-7           (d)  A district judge who serves as a local administrative

 2-8     district judge under Section 74.091 is entitled to an annual salary

 2-9     from the state that is $5,000 more than the salary from the state

2-10     to which the judge is otherwise entitled under Subsection (c).

2-11           (e)  For the purpose of salary payments by the state, the

2-12     comptroller shall determine from sworn statements filed by the

2-13     justices of the courts of appeals and district judges that the

2-14     required salary differentials provided by this section are

2-15     maintained.  If a salary combined with a county supplement would be

2-16     in excess of the differential provided by this section, the

2-17     comptroller shall reduce the state salary by the amount of the

2-18     excess.

2-19           SECTION 2.  This Act takes effect September 1, 1997.

2-20           SECTION 3.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.

2-25                          COMMITTEE AMENDMENT NO. 1

2-26           Amend H.B. 2697 on page 2, strike lines 7 through 10, and

2-27     substitute the following:

 3-1           "(d)  In a county with more than five district courts, a

 3-2     district judge who serves as a local administrative district judge

 3-3     under Section 74.091 is entitled to an annual salary from the state

 3-4     that is $5,000 more than the salary from the state to which the

 3-5     judge is otherwise entitled under Subsection (c)."

 3-6                                                                Thompson