AN ACT
1-1 relating to certain judicial salaries.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 659.012, Government Code, is amended to
1-4 read as follows:
1-5 Sec. 659.012. JUDICIAL SALARIES. (a) Notwithstanding
1-6 Section 659.011:
1-7 (1) a justice of the supreme court is entitled to an
1-8 annual salary from the state that is at least $102,463;
1-9 (2) a [(a) A] justice of a court of appeals other
1-10 than the chief justice is entitled to an annual salary from the
1-11 state that is five percent less than the salary provided by the
1-12 General Appropriations Act for a justice of the supreme court,
1-13 except that the[. The] combined salary of a justice of the court
1-14 of appeals other than the chief justice from all state and county
1-15 sources may not exceed the amount that is $1,000 less than the
1-16 salary provided for a justice of the supreme court;
1-17 (3) the[. (b) The] chief justice of a court of
1-18 appeals is entitled to an annual salary from the state that is
1-19 $2,500 [$500] more than the salary provided for the other justices
1-20 of the court of appeals, except that the[. The] combined salary of
1-21 the chief justice of a court of appeals may not exceed the amount
1-22 that is $500 less than the salary provided for a justice of the
1-23 supreme court; and
2-1 (4) a[. (c) A] judge of a district court is entitled
2-2 to an annual salary from the state that is 10 percent less than the
2-3 salary provided in the General Appropriations Act for a justice of
2-4 the supreme court, except that unless[. Unless] otherwise provided
2-5 by law, the combined salary of a district judge from state and
2-6 county sources may not exceed the amount that is $2,000 less than
2-7 the salary provided for a justice of the supreme court.
2-8 (b) To the extent of any conflict, the salary differential
2-9 provided by this section for the combined salary of a district
2-10 judge prevails over any differential set by Chapter 32.
2-11 (c) [(d)] For the purpose of salary payments by the state,
2-12 the 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. Subchapter B, Chapter 659, Government Code, is
2-20 amended by adding Section 659.0125 to read as follows:
2-21 Sec. 659.0125. SALARY FOR LOCAL ADMINISTRATIVE JUDGE. In a
2-22 county with more than six district courts, a district judge who
2-23 serves as a local administrative district judge under Section
2-24 74.091 is entitled to an annual salary from the state that is
2-25 $5,000 more than the salary from the state to which the judge is
3-1 otherwise entitled under Section 659.012(c).
3-2 SECTION 3. Subchapter A, Chapter 26, Government Code, is
3-3 amended by adding Section 26.006 to read as follows:
3-4 Sec. 26.006. SALARY SUPPLEMENT FROM STATE FOR CERTAIN COUNTY
3-5 JUDGES. (a) A county judge is entitled to an annual salary
3-6 supplement from the state of $5,000 if at least 40 percent of the
3-7 functions that the judge performs are judicial functions.
3-8 (b) To receive a supplement under Subsection (a), a county
3-9 judge must file with the Office of Court Administration of the
3-10 Texas Judicial System an affidavit stating that at least 40 percent
3-11 of the functions that the judge performs are judicial functions.
3-12 The office of court administration shall send the affidavit to the
3-13 comptroller.
3-14 SECTION 4. Section 74.061, Government Code, is amended by
3-15 adding Subsections (h) and (i) to read as follows:
3-16 (h) Notwithstanding Subsection (c), the salary from the
3-17 state of a retired judge or justice assigned to a district court is
3-18 determined pro rata on the sum of the regular judge's salary from
3-19 the county plus the greater of:
3-20 (1) the regular judge's salary from the state on
3-21 August 31, 1997; or
3-22 (2) 85 percent of the regular judge's salary from the
3-23 state.
3-24 (i) Notwithstanding Subsection (d), the salary from the
3-25 state of a former judge or justice assigned to a district court is
4-1 determined pro rata on the greater of:
4-2 (1) the regular judge's salary from the state on
4-3 August 31, 1997; or
4-4 (2) 85 percent of the regular judge's salary from the
4-5 state.
4-6 SECTION 5. This Act takes effect September 1, 1997.
4-7 SECTION 6. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 310 passed the Senate on
April 24, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 27, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 310 passed the House, with
amendments, on May 23, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor