1-1     By:  Brown, et al.                                     S.B. No. 310

 1-2           (In the Senate - Filed January 27, 1997; January 29, 1997,

 1-3     read first time and referred to Committee on Finance;

 1-4     April 21, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 10, Nays 0; April 21, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 310                  By:  Ratliff

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to certain judicial salaries.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 659.012, Government Code, is amended to

1-13     read as follows:

1-14           Sec. 659.012.  JUDICIAL SALARIES.  (a)  Notwithstanding

1-15     Section 659.011:

1-16                 (1)  a justice of the supreme court is entitled to an

1-17     annual salary from the state that is at least $102,463;

1-18                 (2)  a [(a)  A] justice of a court of appeals other

1-19     than the chief justice is entitled to an annual salary from the

1-20     state that is five percent less than the salary provided by the

1-21     General Appropriations Act for a justice of the supreme court,

1-22     except that the[.  The] combined salary of a justice of the court

1-23     of appeals other than the chief justice from all state and county

1-24     sources may not exceed the amount that is $1,000 less than the

1-25     salary provided for a justice of the supreme court;

1-26                 (3)  the[.  (b)  The] chief justice of a court of

1-27     appeals is entitled to an annual salary from the state that is $500

1-28     more than the salary provided for the other justices of the court

1-29     of appeals, except that the[.  The] combined salary of the chief

1-30     justice of a court of appeals may not exceed the amount that is

1-31     $500 less than the salary provided for a justice of the supreme

1-32     court; and

1-33                 (4)  a[.  (c)  A] judge of a district court is entitled

1-34     to an annual salary from the state that is 10 percent less than the

1-35     salary provided in the General Appropriations Act for a justice of

1-36     the supreme court, except that unless[.  Unless] otherwise provided

1-37     by law, the combined salary of a district judge from state and

1-38     county sources may not exceed the amount that is $2,000 less than

1-39     the salary provided for a justice of the supreme court.

1-40           (b)  To the extent of any conflict, the salary differential

1-41     provided by this section for the combined salary of a district

1-42     judge prevails over any differential set by Chapter 32.

1-43           (c) [(d)]  For the purpose of salary payments by the state,

1-44     the comptroller shall determine from sworn statements filed by the

1-45     justices of the courts of appeals and district judges that the

1-46     required salary differentials provided by this section are

1-47     maintained.  If a salary combined with a county supplement would be

1-48     in excess of the differential provided by this section, the

1-49     comptroller shall reduce the state salary by the amount of the

1-50     excess.

1-51           SECTION 2.  Section 74.061, Government Code, is amended by

1-52     adding Subsections (h) and (i) to read as follows:

1-53           (h)  Notwithstanding Subsection (c), the salary from the

1-54     state of a retired judge or justice assigned to a district court is

1-55     determined pro rata on the sum of the regular judge's salary from

1-56     the county plus the greater of:

1-57                 (1)  the regular judge's salary from the state on

1-58     August 31, 1997; or

1-59                 (2)  85 percent of the regular judge's salary from the

1-60     state.

1-61           (i)  Notwithstanding Subsection (d), the salary from the

1-62     state of a former judge or justice assigned to a district court is

1-63     determined pro rata on the greater of:

1-64                 (1)  the regular judge's salary from the state on

 2-1     August 31, 1997; or

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

 2-3     state.

 2-4           SECTION 3.  This Act takes effect September 1, 1997.

 2-5           SECTION 4.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.

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