1-1     By:  Thompson (Senate Sponsor - Ellis)                H.B. No. 2837

 1-2           (In the Senate - Received from the House May 16, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on

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

 1-5     vote:  Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to certain filing fees and salaries of judges in the

 1-9     statutory county courts of certain counties.

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

1-11           SECTION 1.  Sections 25.0005(a) and (e), Government Code, are

1-12     amended to read as follows:

1-13           (a)  A statutory county court judge, other than a statutory

1-14     county court judge who engages in the private practice of law or a

1-15     judge in whose court fees and costs under Section 51.702 are not

1-16     collected, shall be paid a total annual salary set by the

1-17     commissioners court at an amount that is at least equal to the

1-18     amount that is $4,000 [$1,000] less than the total annual salary

1-19     received by a district judge in the county.  A district judge's or

1-20     statutory county court judge's total annual salary includes

1-21     contributions and supplements, paid by the state or a county, other

1-22     than contributions received as compensation under Section 74.051.

1-23           (e)  A county is not required to meet the salary requirements

1-24     of Subsection (a) for a particular court if:

1-25                 (1)  not later than September 1 of the year in which

1-26     the county initially begins collecting fees and costs under Section

1-27     51.702, the county increases the salary of each statutory county

1-28     court judge in the county to an amount that is at least:

1-29                       (A)  $20,000 more than the salary the judge was

1-30     entitled to on May 1 of  that year, if the county initially begins

1-31     collecting fees and costs under Section 51.702 before January 1,

1-32     1998, and is also at least $24,000 more than the salary the judge

1-33     was entitled to on May 1, 1997; and

1-34                       (B)  $24,000 more than the salary the judge was

1-35     entitled to on May 1 of that year if the county initially begins

1-36     collecting fees and costs under Section 51.702 on or after January

1-37     1, 1998;

1-38                 (2)  the county maintains the salary at the minimum

1-39     required by Subdivision (1);

1-40                 (3)  the county collects the fees and costs as provided

1-41     by Section 51.702;

1-42                 (4)  the court has at least the jurisdiction provided

1-43     by Section 25.0003; and

1-44                 (5)  except as provided by Subsection (f), the county

1-45     uses at least 50 percent of the amount the county receives each

1-46     state fiscal year under Section 25.0016 for salaries for the

1-47     statutory county court judges.

1-48           SECTION 2.  Section 25.0015(a), Government Code, is amended

1-49     to read as follows:

1-50           (a)  Beginning on the first day of the state fiscal year, the

1-51     state shall annually compensate each county that collects the

1-52     additional fees and costs under Section 51.702 in an amount equal

1-53     to $30,000 [$25,000] for each statutory county court judge in the

1-54     county who:

1-55                 (1)  does not engage in the private practice of law;

1-56                 (2)  presides over a court with at least the

1-57     jurisdiction provided by Section 25.0003; and

1-58                 (3)  except as provided by Section 25.0005(d), is not

1-59     excluded from the application of Section 25.0003 or Section

1-60     25.0005.

1-61           SECTION 3.  Section 25.0016(c), Government Code, is amended

1-62     to read as follows:

1-63           (c)  In determining the amount deposited in the judicial fund

1-64     under Section 51.702 for a county that collects fees and costs as

 2-1     provided by that section, the comptroller shall credit $40 [$30] of

 2-2     each fee deposited in the judicial fund under Section 51.701 by

 2-3     that county for cases assigned to a statutory county court as fees

 2-4     deposited under Section 51.702.

 2-5           SECTION 4.  Section 51.702(a), Government Code, is amended to

 2-6     read as follows:

 2-7           (a)  Except as provided by Subsection (g), in addition to all

 2-8     other fees authorized or required by other law, the clerk of a

 2-9     statutory county court shall collect a $40 [$30] filing fee in each

2-10     civil case filed in the court to be used for court-related purposes

2-11     for the support of the judiciary.

2-12           SECTION 5.  (a)  Except as provided by Subsection (b) of this

2-13     section, this Act takes effect September 1, 1997, and applies only

2-14     to a fee for a case filed on or after the effective date of this

2-15     Act or to a salary payment made on or after the effective date of

2-16     this Act.  A case filed or a salary payment made before the

2-17     effective date of this Act is governed by the law in effect at the

2-18     time the case was filed or the salary payment was made, and that

2-19     law is continued in effect for that purpose.

2-20           (b)  Section 1 of this Act takes effect January 1, 1998.

2-21           SECTION 6.  This Act takes effect only if Senate Bill No.

2-22     310, Acts of the 75th Legislature, Regular Session, 1997, is

2-23     enacted and becomes law.  If Senate Bill No. 310 does not become

2-24     law, this Act does not take effect.

2-25           SECTION 7.  The importance of this legislation and the

2-26     crowded condition of the calendars in both houses create an

2-27     emergency and an imperative public necessity that the

2-28     constitutional rule requiring bills to be read on three several

2-29     days in each house be suspended, and this rule is hereby suspended,

2-30     and that this Act take effect and be in force according to its

2-31     terms, and it is so enacted.

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