HBA-KMH C.S.H.B. 1123 76(R)BILL ANALYSIS
Office of House Bill AnalysisC.S.H.B. 1123
By: Thompson
Judicial Affairs
4/27/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE
For many years, the state's creation of district courts has lagged behind
the caseload of those courts. In response to this problem, counties have
requested that the legislature create statutory county courts and increase
the jurisdiction of those courts to attempt to handle the surplus caseloads
of their district courts.
C.S.H.B. 1123 increases the salary raises for statutory county judges
necessary in order for a county to be exempt from paying the statutory base
salary prescribed by this section and increases the contribution of the
state toward the salaries of county judges accordingly.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 25.0005(e), Government Code, to increase the
salary raises for statutory county judges necessary in order for a county
to be exempt from paying the statutory base salary prescribed by this
section to $24,000, rather than $20,000, and $28,000, rather than $24,000,
under specified conditions.
SECTION 2. Amends Section 25.00015, Government Code, to increase the
contribution of the state toward the salaries of county judges to $35,000,
rather than $30,000. Requires $30,000 of the states contribution to the
salaries of county judges to be paid from funds appropriated from the
judicial fund, and $5,000 from funds appropriated from the general revenue
fund.
SECTION 3. Effective date: October 1, 1999.
Makes application of this Act prospective.
SECTION 4. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 1123 modifies the original in the caption to delete reference to
the collection of certain court costs.
C.S.H.B. 1123 modifies the original in SECTION 1 (Section 25.0005,
Government Code) to increase the salary raises for statutory county judges
necessary in order for a county to be exempt from paying the statutory base
salary prescribed by this section to $24,000, rather than $20,000, and
$28,000, rather than $24,000, under specified conditions. The original
raised the base salary to a level closer to the salary of other judges and
deleted the exemption to the base salary provision. SECTION 1 of the
original amended Sections 25.0005(a)-(g), Government Code. Those
amendments do not apear in the substitute.
C.S.H.B. 1123 modifies the original in SECTION 2 (Section 25.0015,
Government Code) to increase the contribution of the state toward the
salaries of county judges to $35,000, rather $30,000. Sets forth the
breakdown of the state's contribution. The original required the state to
compensate a county which complied with the proposed amendments to Section
25.0005, Government Code, an amount equal to $1,000 less than the salary of
a district court judge.
C.S.H.B. 1123 modifies the original by deleting SECTIONS 3-20 which
provided as follows:
_SECTION 3 of the original amended Section 51.702, Government Code, to
modify the title and amend the process of charging and collecting
additional fees and court costs by the county.
_SECTION 4 of the original amended Subchapter A, Chapter 25, Government
Code, by adding Section 25.0019, to prohibit a statutory county court judge
from engaging in the private practice of law.
_SECTION 5 of the original amended Section 25.0452(d), Government Code, to
remove the provision prohibiting engagement in the private practice of law
by a judge of a county court at law.
_SECTION 6 of the original amended Section 25.0632(b) to make a conforming
change.
_SECTION 7 of the original amended Section 25.0812(m), Government Code, to
make conforming and nonsubstantive changes.
_SECTION 8 of the original amended Section 25.0962(h), Government Code, to
make conforming and nonsubstantive changes.
_SECTION 9 of the original amended Section 25.1152(e), Government Code, to
make a conforming change.
_SECTION 10 of the original amended Section 25.1182(e), Government Code, to
make a conforming change.
_SECTION 11 of the original amended Section 25.1312(l), Government Code, to
make a conforming change.
_SECTION 12 of the original amended Section 25.1412(c), Government Code, to
make conforming changes.
_SECTION 13 of the original amended Section 25.1762(e), Government Code, to
make a conforming change.
_SECTION 14 of the original amended Section 25.1792(e), Government Code, to
make a conforming change.
_SECTION 15 of the original amended Section 25.1852(e), Government Code, to
make a conforming change.
_SECTION 16 of the original amended Section 25.1862(m), Government Code, to
make conforming and nonsubstantive changes.
_SECTION 17 of the original amended Section 25.1902(l), Government Code, to
make conforming and nonsubstantive changes.
_SECTION 18 of the original amended Section 25.2223(e), Government Code, to
make a conforming change.
_SECTION 19 of the original amended Section 25.2282(d), Government Code, to
make a conforming change.
_SECTION 20 of the original repealed the following sections and
subsections, Government Code:
_25.0016 (Excess Contributions), Government Code
_25.0032(d) (Anderson county Court at Law Provisions), Government Code
_25.0102(d) (Austin County Court at Law Provisions), Government Code
_25.0222(i) (Brazoria Statutory County Court Provisions), Government Code
_25.0232(d) (Brazos County Court at Law Provisions), Government Code
_25.0302(h) (Caldwell County Court at Law Provisions), Government Code
_25.0312(e) (Calhoun County Court at Law Provisions), Government Code
_25.0332(g) (Cameron County Court at Law Provisions), Government Code
_25.0392(d) (Cherokee County Court at Law), Government Code
_25.0482(d) and (i) (Comal County Court at Law Provisions), Government Code
_25.0522(d) (Coryell County Court at Law Provisions), Government Code
_25.0722(d) (Ellis County Court at Law Provisions), Government Code
_25.0742 (Erath County Court at Law Provisions), Government Code
_25.0812(f) (Fort Bend County Court at Law Provisions), Government Code
_25.0932(i) (Grayson County Court at Law Provisions), Government Code
_25.0942(c) (Gregg County Court at Law Provisions), Government Code
_25.1033(f) (Harris County Criminal Court at Law Provisions), Government
Code
_25.1072(i) (Hays County at Law Provisions) [sic], Government Code
_25.1092(e) (Henderson County Court at Law Provisions), Government Code
_25.1102(l) (Hidalgo County Court at Law Provisions), Government Code
_25.1142(e) (Hopkins County Court at Law Provisions), Government Code
_25.1182(i) (Hunt County Court at Law Provisions), Government Code
_25.1282(d) (Johnson County Court at Law Provisions), Government Code
_25.1352(h) (Kerr County Court at Law Provisions), Government Code
_25.1482(d) (Liberty County Court at Law Provisions), Government Code
_25.1732(d) (Moore County Court at Law Provisions), Government Code
_25.1862(d) (Parker County Court at Law Provisions), Government Code
_25.1892(d) (Polk County Court at Law Provisions), Government Code
_25.1902(g) (Potter County Court at Law Provisions), Government Code
_25.1932(c) (Randall County Court at Law Provisions), Government Code
_25.1972(d) (Reeves County Court at Law Provisions), Government Code
_25.2032(c) (Rusk County Court at Law Provisions), Government Code
_25.2072(c) (San Patricio County Court at Law Provisions), Government Code
_25.2142(e) (Smith County Court at Law Provisions), Government Code
_25.2162(d) (Starr County Court at Law Provisions), Government Code
_25.2222(h) (Tarrant County Court at Law Provisions), Government Code
_25.2292(e) (Travis County Court at Law Provisions), Government Code
_25.2293(g) (Travis County Probate Court Provisions), Government Code
_25.2352(d) (Val Verde County Court at Law Provisions), Government Code
_25.2382(d) (Walker County Court at Law Provisions), Government Code
_25.2392(d) (Waller County Court at Law Provisions), Government Code
_25.2412(d) (Washington County Court at Law Provisions), Government Code
_25.2422(d) (Webb County Court at Law Provisions), Government Code
_25.2452(f) (Wichita County Court at Law Provisions), Government Code
_25.2462(c) (Wilbarger County Court at Law Provisions), Government Code
_25.2482(d) (Williamson County Court at Law Provisions), Government Code
_These repealers make conforming changes regarding a county court judge's
ability to practice private law, with the exception of 25.2293(g), which
states that the judge of a statutory probate court may not engage in the
private practice of law. Please note that Section 25.1072 is improperly
titled "Hays County at Law Provisions," and should be titled "Hays County
Court at Law Provisions."
C.S.H.B. 1123 modifies the original in SECTION 3, redesignated from SECTION
21 of the original, to provide that the effective date of the Act is
October 1, 1999, rather than September 1, 1999. The substitute makes this
Act prospective as of the effective date of October 1, 1999, rather than
making it prospective as of the effective date of September 1, 1999, for
all SECTIONS except 1 and 2.
C.S.H.B. 1123 modifies the original by redesignating SECTION 22 (emergency
clause) as SECTION 4 (emergency clause).