By:  Brown, et al.                                     S.B. No. 310

                                A BILL TO BE ENTITLED

                                       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 $500

1-19     more than the salary provided for the other justices of the court

1-20     of appeals, except that the[.  The] combined salary of the chief

1-21     justice of a court of appeals may not exceed the amount that is

1-22     $500 less than the salary provided for a justice of the supreme

1-23     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.  Section 74.061, Government Code, is amended by

2-20     adding Subsections (h) and (i) to read as follows:

2-21           (h)  Notwithstanding Subsection (c), the salary from the

2-22     state of a retired judge or justice assigned to a district court is

2-23     determined pro rata on the sum of the regular judge's salary from

2-24     the county plus the greater of:

2-25                 (1)  the regular judge's salary from the state on

 3-1     August 31, 1997; or

 3-2                 (2)  85 percent of the regular judge's salary from the

 3-3     state.

 3-4           (i)  Notwithstanding Subsection (d), the salary from the

 3-5     state of a former judge or justice assigned to a district court is

 3-6     determined pro rata on the greater of:

 3-7                 (1)  the regular judge's salary from the state on

 3-8     August 31, 1997; or

 3-9                 (2)  85 percent of the regular judge's salary from the

3-10     state.

3-11           SECTION 3.  This Act takes effect September 1, 1997.

3-12           SECTION 4.  The importance of this legislation and the

3-13     crowded condition of the calendars in both houses create an

3-14     emergency and an imperative public necessity that the

3-15     constitutional rule requiring bills to be read on three several

3-16     days in each house be suspended, and this rule is hereby suspended.



 <         By:  Brown, et al.                                     S