1-1     By:  Gallego, Thompson (Senate Sponsor - Ellis)       H.B. No. 2697

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 6, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the salary from the state of a district judge who

 1-9     serves as a local administrative district judge.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 659.012, Government Code, is amended to

1-12     read as follows:

1-13           Sec.  659.012. JUDICIAL SALARIES.  (a) A justice of a court

1-14     of appeals other than the chief justice is entitled to an annual

1-15     salary from the state that is five percent less than the salary

1-16     provided by the General Appropriations Act for a justice of the

1-17     supreme court.  The combined salary of a justice of the court of

1-18     appeals other than the chief justice from all state and county

1-19     sources may not exceed the amount that is $1,000 less than the

1-20     salary provided for a justice of the supreme court.

1-21           (b)  The chief justice of a court of appeals is entitled to

1-22     an annual salary from the state that is $500 more than the salary

1-23     provided for the other justices of the court of appeals.  The

1-24     combined salary of the chief justice of a court of appeals may not

1-25     exceed the amount that is $500 less than the salary provided for a

1-26     justice of the supreme court.

1-27           (c)  A judge of a district court is entitled to an annual

1-28     salary from the state that is 10 percent less than the salary

1-29     provided in the General Appropriations Act for a justice of the

1-30     supreme court.  Unless otherwise provided by law, the combined

1-31     salary of a district judge from state and county sources may not

1-32     exceed the amount that is $2,000 less than the salary provided for

1-33     a justice of the supreme court.  To the extent of any conflict, the

1-34     salary differential provided by this section for the combined

1-35     salary of a district judge prevails over any differential set by

1-36     Chapter 32.

1-37           (d)  In a county with more than five district courts, a

1-38     district judge who serves as a local administrative district judge

1-39     under Section 74.091 is entitled to an annual salary from the state

1-40     that is $5,000 more than the salary from the state to which the

1-41     judge is otherwise entitled under Subsection (c).

1-42           (e)  For the purpose of salary payments by the state, the

1-43     comptroller shall determine from sworn statements filed by the

1-44     justices of the courts of appeals and district judges that the

1-45     required salary differentials provided by this section are

1-46     maintained.  If a salary combined with a county supplement would be

1-47     in excess of the differential provided by this section, the

1-48     comptroller shall reduce the state salary by the amount of the

1-49     excess.

1-50           SECTION 2.  This Act takes effect September 1, 1997.

1-51           SECTION 3.  The importance of this legislation and the

1-52     crowded condition of the calendars in both houses create an

1-53     emergency and an imperative public necessity that the

1-54     constitutional rule requiring bills to be read on three several

1-55     days in each house be suspended, and this rule is hereby suspended.

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