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