1-1           By:  Brown, et al.                               S.B. No. 328

 1-2           (In the Senate - Filed January 28, 1997; February 3, 1997,

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

 1-4     February 18, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 13, Nays 0; February 18, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Brown

 1-7     Amend S.B. No. 328 as follows:

 1-8           (1)  In SECTION 1, Section 35.103, Subsection (b),

 1-9     Subdivision (7), (page 3, line 15) strike "overall".

1-10           (2)  In SECTION 1, Section 35.103, Subsection (b),

1-11     Subdivision (7), (page 3, line 15) between "compensation" and

1-12     "presently" insert "from the state".

1-13           (3)  In SECTION 1, SUBCHAPTER B, (page 2, line 50 to page 2,

1-14     line 59) strike Section 35.102 and renumber the subsequent sections

1-15     appropriately.

1-16     COMMITTEE AMENDMENT NO. 2                                By:  Brown

1-17     Amend S.B. No. 328 as follows:

1-18           In SECTION 1 (page 2, line 45) add Section 35.009 to read as

1-19     follows:

1-20           "Sec. 35.009.  OPEN MEETINGS AND OPEN RECORDS.  The

1-21     commission is subject to Chapters 551 and 552."

1-22     COMMITTEE AMENDMENT NO. 3                      By:  Wentworth, West

1-23     Amend S.B. No. 328 as follows:

1-24           In SECTION 1, SUBCHAPTER B, (page 2, lines 47 and 48) strike

1-25     ", either in person or by teleconference,".

1-26     COMMITTEE AMENDMENT NO. 4                      By:  Wentworth, West

1-27     Amend S.B. No. 328 as follows:

1-28           In SECTION 1, Section 35.002, page 1, line 42 strike three

1-29     and insert nine; and on page 1, line 44, substitute "three members"

1-30     for "one member".

1-31                            A BILL TO BE ENTITLED

1-32                                   AN ACT

1-33     relating to the creation of the Judicial Compensation Commission.

1-34           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-35           SECTION 1.  Subtitle B, Title 2, Government Code, is amended

1-36     by adding Chapter 35 to read as follows:

1-37                CHAPTER 35.  JUDICIAL COMPENSATION COMMISSION

1-38                         SUBCHAPTER A.  ORGANIZATION

1-39           Sec. 35.001.  DEFINITION.  In this chapter, "commission"

1-40     means the Judicial Compensation Commission.

1-41           Sec. 35.002.  MEMBERSHIP; TERMS.  The commission consists of

1-42     three members appointed by the governor with the advice and consent

1-43     of the senate.  Members serve for staggered terms of six years with

1-44     the term of one member expiring on February 1 of each odd-numbered

1-45     year.

1-46           Sec. 35.003.  VACANCY.  In the event of a vacancy, the

1-47     governor shall appoint a replacement to fill the unexpired portion

1-48     of the term.

1-49           Sec. 35.004.  PRESIDING OFFICER.  The governor shall

1-50     designate a member of the commission as the presiding officer to

1-51     serve in that capacity at the pleasure of the governor.  The

1-52     presiding officer may vote on all matters before the commission.

1-53           Sec. 35.005.  QUALIFICATIONS.  (a) Each  member must be a

1-54     registered voter of the state.

1-55           (b)  A member of the commission may not hold any other public

1-56     office or be an employee of any state department, agency, board, or

1-57     commission during the member's tenure on the commission.

 2-1           (c)  A person may not serve as a member of the commission or

 2-2     act as the general counsel to the commission if the person is

 2-3     required to register as a lobbyist under Chapter 305 because of the

 2-4     person's activities for compensation on behalf of a profession

 2-5     related to the operation of the commission.

 2-6           (d)  The governor shall make appointments to the commission

 2-7     without regard to the race, color, disability, sex, religion, age,

 2-8     or national origin of the appointees.

 2-9           Sec. 35.006.  REMOVAL.  (a)  It is grounds for removal from

2-10     the commission that a member:

2-11                 (1)  does not have at the time of appointment the

2-12     qualifications required by Section 35.005;

2-13                 (2)  does not maintain during service on the commission

2-14     the qualifications required by Section 35.005;

2-15                 (3)  violates a prohibition established by Section

2-16     35.005(b) or (c);

2-17                 (4)  cannot because of illness or disability discharge

2-18     the member's duties for a substantial part of the term for which

2-19     the member is appointed; or

2-20                 (5)  is absent from more than half of the regularly

2-21     scheduled meetings that the member is eligible to attend during a

2-22     calendar year unless the absence is excused by majority vote of the

2-23     commission.

2-24           (b)  The validity of an action of the commission is not

2-25     affected by the fact that it was taken while a ground for removal

2-26     of a member of the commission existed.

2-27           Sec. 35.007.  ADMINISTRATIVE SUPPORT.  (a)  The Office of

2-28     Court Administration shall provide administrative support for the

2-29     commission.  The commission is entitled to receive staff support,

2-30     meeting facilities, temporary work facilities, including computer,

2-31     telephone, reproduction, and facsimile equipment, available data,

2-32     and other resources from the Office of Court Administration as

2-33     necessary to carry out the commission's powers and duties.

2-34           (b)  The Office of Court Administration shall grant all

2-35     reasonable requests for staff support and resources under this

2-36     section.

2-37           Sec. 35.008.  COMPENSATION AND REIMBURSEMENT.  (a)  A member

2-38     of the commission may not receive compensation for the member's

2-39     service on the commission.

2-40           (b)  The Office of Court Administration shall reimburse a

2-41     member for all actual and reasonable expenses incurred in the

2-42     exercise of powers and performance of duties under this chapter.

2-43           (c)  A member shall follow the reimbursement procedures of

2-44     the Office of Court Administration.

2-45             (Sections 35.009 to 35.100 reserved for expansion

2-46                      SUBCHAPTER B.  POWERS AND DUTIES

2-47           Sec. 35.101.  MEETINGS.  The commission shall meet, either in

2-48     person or by teleconference, at the call of the presiding officer

2-49     or at the request of a majority of the members.

2-50           Sec. 35.102.  INVESTIGATIONS.  Each member of the commission

2-51     who is a member in good standing of the State Bar of Texas, and

2-52     each member of the State Bar of Texas who is designated by the

2-53     commission to serve, on a pro bono basis, as counsel to the

2-54     commission, has the power to administer oaths, to take testimony,

2-55     and to compel the attendance of witnesses located in this state and

2-56     the production of all books, papers, records, or documents

2-57     reasonably considered by the member or the counsel to be material

2-58     or pertinent to any subject within the scope of the studies and

2-59     investigations of the commission.

2-60           Sec. 35.103.  BIENNIAL REPORTS.  (a)  Not later than December

2-61     1 of each even-numbered year, the  commission shall make a biennial

2-62     report to the legislature.  In the report, the commission shall

2-63     recommend the proper salaries to be paid by the state for all

2-64     justices and judges of the supreme court, the court of criminal

2-65     appeals, the courts of appeal, and the district courts.

2-66           (b)  In recommending the proper salaries for all justices and

2-67     judges of the supreme court, the court of criminal appeals, the

2-68     courts of appeal, and the district courts, the commission shall

2-69     consider the following factors:

 3-1                 (1)  the skill and experience required of the

 3-2     particular judgeship at issue;

 3-3                 (2)  the time required of the particular judgeship at

 3-4     issue;

 3-5                 (3)  the value of compensable service performed by

 3-6     justices and judges, as determined by reference to judicial

 3-7     compensation in other states and the federal government;

 3-8                 (4)  the value of comparable service performed in the

 3-9     private sector, including private judging, arbitration, and

3-10     mediation;

3-11                 (5)  the compensation of attorneys in the private

3-12     sector;

3-13                 (6)  the cost of living and changes in the cost of

3-14     living;

3-15                 (7)  the overall compensation presently received by

3-16     other public officials in the state, including:

3-17                       (A)  state constitutional officeholders;

3-18                       (B)  deans, presidents, and chancellors of the

3-19     public university systems;

3-20                       (C)  district attorneys; and

3-21                       (D)  chiefs of police, county attorneys, and city

3-22     attorneys in major metropolitan areas for which that information is

3-23     readily available;

3-24                 (8)  other factors that are normally or traditionally

3-25     taken into consideration in the determination of judicial

3-26     compensation; and

3-27                 (9)  most importantly, the level of overall

3-28     compensation adequate to attract the most highly qualified

3-29     individuals in the state, from a diversity of life and professional

3-30     experiences, to serve in the judiciary without unreasonable

3-31     economic hardship and with judicial independence unaffected by

3-32     financial concerns.

3-33           Sec. 35.104.  BINDING NATURE OF REPORT.  (a)  The

3-34     recommendations made by the commission in its biennial report to

3-35     the legislature are binding and have full force of law on September

3-36     1 following the delivery of the report to the lieutenant governor,

3-37     the speaker of the house of representatives, and the members and

3-38     members-elect of the legislature, if neither the senate nor the

3-39     house of representatives, by majority vote, rejects the

3-40     recommendations before the 180th day after the date on which the

3-41     report is delivered.

3-42           (b)  The comptroller shall make payments for the recommended

3-43     salaries unless either the senate or the house of representatives

3-44     rejects the recommendations as provided by Subsection (a).

3-45           SECTION 2.  Section 659.011, Government Code, is amended to

3-46     read as follows:

3-47           Sec. 659.011.  SALARIES SET IN APPROPRIATIONS ACT.  Except as

3-48     provided by Chapter 35, the [The] salaries of all state officers

3-49     and employees are in the amounts provided by the biennial

3-50     appropriations act.

3-51           SECTION 3.  Section 659.012, Government Code, is repealed.

3-52           SECTION 4.  In appointing the initial members of the Judicial

3-53     Compensation Commission, the governor shall appoint one person to a

3-54     term expiring February 1, 1999, one person to a term expiring

3-55     February 1, 2001, and one person to a term expiring February 1,

3-56     2003.

3-57           SECTION 5.  This Act takes effect on the date on which the

3-58     constitutional amendment proposed by __J.R. No. ___, 75th

3-59     Legislature, Regular Session, 1997, takes effect.  If that

3-60     amendment is not approved by the voters, this Act has no effect.

3-61           SECTION 6.  The importance of this legislation and the

3-62     crowded condition of the calendars in both houses create an

3-63     emergency and an imperative public necessity that the

3-64     constitutional rule requiring bills to be read on three several

3-65     days in each house be suspended, and this rule is hereby suspended.

3-66                                  * * * * *