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.
2-10 * * * * *