1-1 AN ACT
1-2 relating to the salaries of certain county court judges.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 25.0005(a) and (e), Government Code, are
1-5 amended to read as follows:
1-6 (a) A statutory county court judge, other than a statutory
1-7 county court judge who engages in the private practice of law or a
1-8 judge in whose court fees and costs under Section 51.702 are not
1-9 collected, shall be paid a total annual salary set by the
1-10 commissioners court at an amount that is at least equal to the
1-11 amount that is $1,000 [$4,000] less than the total annual salary
1-12 received by a district judge in the county on August 31, 1999. A
1-13 district judge's or statutory county court judge's total annual
1-14 salary includes contributions and supplements, paid by the state or
1-15 a county, other than contributions received as compensation under
1-16 Section 74.051.
1-17 (e) A county is not required to meet the salary requirements
1-18 of Subsection (a) for a particular court if:
1-19 (1) not later than September 1 of the year in which
1-20 the county initially begins collecting fees and costs under Section
1-21 51.702, the county increases the salary of each statutory county
1-22 court judge in the county to an amount that is at least $28,000[:]
1-23 [(A) $20,000] more than the salary the judge was
1-24 entitled to on May 1 of the [that] year[, if] the county initially
2-1 begins collecting fees and costs under Section 51.702 [before
2-2 January 1, 1998, and is also at least $24,000 more than the salary
2-3 the judge was entitled to on May 1, 1997; and]
2-4 [(B) $24,000 more than the salary the judge was
2-5 entitled to on May 1 of that year if the county initially begins
2-6 collecting fees and costs under Section 51.702 on or after January
2-7 1, 1998];
2-8 (2) the county pays at least the salary required by
2-9 Subdivision (1);
2-10 (3) the county collects the fees and costs as provided
2-11 by Section 51.702;
2-12 (4) the court has at least the jurisdiction provided
2-13 by Section 25.0003; and
2-14 (5) except as provided by Subsection (f), the county
2-15 uses at least 50 percent of the amount the county receives each
2-16 state fiscal year under Section 25.0016 for salaries for the
2-17 statutory county court judges.
2-18 SECTION 2. Subchapter B, Chapter 25, Government Code, is
2-19 amended by adding Sections 25.00211 and 25.00212 to read as
2-20 follows:
2-21 Sec. 25.00211. STATE CONTRIBUTION. (a) Beginning on the
2-22 first day of the state fiscal year, the state shall annually
2-23 compensate each county that collects the additional fees under
2-24 Section 51.704 in an amount equal to $40,000 for each statutory
2-25 probate court judge in the county.
2-26 (b) The amount shall be paid to the county's salary fund in
2-27 equal monthly installments from funds appropriated from the
3-1 judicial fund.
3-2 Sec. 25.00212. EXCESS CONTRIBUTIONS. (a) At the end of
3-3 each state fiscal year the comptroller shall determine the amounts
3-4 deposited in the judicial fund under Section 51.703 and the amounts
3-5 paid to the counties under Section 25.00211. If the total amount
3-6 paid under Section 51.704 by all counties exceeds the total amount
3-7 paid to counties under Section 25.00211, the state shall remit the
3-8 excess to the counties proportionately based on the percentage of
3-9 the total paid by each county.
3-10 (b) The amounts remitted under Subsection (a) shall be paid
3-11 to the county's general fund to be used only for court-related
3-12 purposes for the support of the judiciary as provided by Section
3-13 21.006.
3-14 SECTION 3. Section 25.0015, Government Code, is amended to
3-15 read as follows:
3-16 Sec. 25.0015. STATE CONTRIBUTION. (a) Beginning on the
3-17 first day of the state fiscal year, the state shall annually
3-18 compensate each county that collects the additional fees and costs
3-19 under Section 51.702 in an amount equal to $35,000 [$30,000] for
3-20 each statutory county court judge in the county who:
3-21 (1) does not engage in the private practice of law;
3-22 (2) presides over a court with at least the
3-23 jurisdiction provided by Section 25.0003; and
3-24 (3) except as provided by Section 25.0005(d), is not
3-25 excluded from the application of Section 25.0003 or Section
3-26 25.0005.
3-27 (b) The amount shall be paid to the county's salary fund in
4-1 equal monthly installments. Of each $35,000 paid a county, $30,000
4-2 shall be paid from funds appropriated from the judicial fund, and
4-3 $5,000 shall be paid from funds appropriated from the general
4-4 revenue fund.
4-5 SECTION 4. Section 26.006, Government Code, is amended by
4-6 amending Subsection (a) and adding Subsection (c) to read as
4-7 follows:
4-8 (a) A county judge is entitled to an annual salary
4-9 supplement from the state of $10,000 [$5,000] if at least 40
4-10 percent of the functions that the judge performs are judicial
4-11 functions.
4-12 (c) The commissioners court in a county with a county judge
4-13 who is entitled to receive a salary supplement under this section
4-14 may not reduce the county funds provided for the salary or office
4-15 of the county judge as a result of the salary supplement required
4-16 by this section.
4-17 SECTION 5. Subchapter A, Chapter 26, Government Code, is
4-18 amended by adding Sections 26.007 and 26.008 to read as follows:
4-19 Sec. 26.007. STATE CONTRIBUTION. (a) Beginning on the
4-20 first day of the state fiscal year, the state shall annually
4-21 compensate each county that collects the additional fees and costs
4-22 under Section 51.703 in an amount equal to $5,000 if the county
4-23 judge is entitled to an annual salary supplement from the state
4-24 under Section 26.006.
4-25 (b) The amount shall be paid to the county's salary fund in
4-26 equal monthly installments from funds appropriated from the
4-27 judicial fund.
5-1 Sec. 26.008. EXCESS CONTRIBUTIONS. (a) At the end of each
5-2 state fiscal year the comptroller shall determine the amounts
5-3 deposited in the judicial fund under Section 51.703 and the amounts
5-4 paid to the counties under Section 26.007. If the total amount paid
5-5 under Section 51.703 by all counties that collect fees and costs
5-6 under that section exceeds the total amount paid to the counties
5-7 under Section 26.007, the state shall remit the excess to the
5-8 counties that collect fees and costs under Section 51.703
5-9 proportionately based on the percentage of the total paid by each
5-10 county.
5-11 (b) The amounts remitted under Subsection (a) shall be paid
5-12 to the county's general fund to be used only for court-related
5-13 purposes for the support of the judiciary as provided by Section
5-14 21.006.
5-15 SECTION 6. The heading to Section 51.702, Government Code,
5-16 is amended to read as follows:
5-17 Sec. 51.702. ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY
5-18 COUNTY COURTS.
5-19 SECTION 7. Subchapter H, Chapter 51, Government Code, is
5-20 amended by adding Section 51.703 to read as follows:
5-21 Sec. 51.703. ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY
5-22 COURTS. (a) In addition to all other fees authorized or required
5-23 by other law, the clerk of a county court with a judge who is
5-24 entitled to an annual salary supplement from the state under
5-25 Section 26.006 shall collect a $40 filing fee in each civil case
5-26 filed in the court to be used for court-related purposes for the
5-27 support of the judiciary.
6-1 (b) In addition to other court costs, a person shall pay $15
6-2 as a court cost on conviction of any criminal offense in a county
6-3 court, including cases in which probation or deferred adjudication
6-4 is granted. A conviction that arises under Chapter 521,
6-5 Transportation Code, or a conviction under Subtitle C, Title 7,
6-6 Transportation Code, is included, except that a conviction arising
6-7 under any law that regulates pedestrians or the parking of motor
6-8 vehicles is not included.
6-9 (c) Court costs and fees due under this section shall be
6-10 collected in the same manner as other fees, fines, or costs are
6-11 collected in the case.
6-12 (d) The clerk shall send the fees and costs collected under
6-13 this section to the comptroller at least as frequently as monthly.
6-14 The comptroller shall deposit the fees in the judicial fund.
6-15 (e) Section 51.320 applies to a fee or cost collected under
6-16 this section.
6-17 SECTION 8. Subchapter H, Chapter 51, Government Code, is
6-18 amended by adding Section 51.704 to read as follows:
6-19 Sec. 51.704. ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE
6-20 COURTS. (a) Except as provided by Subsection (f), in addition to
6-21 all other fees authorized or required by other law, the clerk of a
6-22 statutory probate court shall collect a $40 filing fee in each
6-23 probate, guardianship, mental health, or civil case filed in the
6-24 court to be used for court-related purposes for the support of the
6-25 judiciary.
6-26 (b) Court fees due under this section shall be collected in
6-27 the same manner as other fees, fines, or costs are collected in the
7-1 case.
7-2 (c) The clerk shall send the fees collected under this
7-3 section to the comptroller at least as frequently as monthly. The
7-4 comptroller shall deposit the fees in the judicial fund.
7-5 (d) Section 51.320 applies to a fee collected under this
7-6 section.
7-7 (e) This section applies only to fees for a 12-month period
7-8 beginning July 1 in a county in which the commissioners court:
7-9 (1) adopts a resolution authorizing the fees under
7-10 this section; and
7-11 (2) files the resolution with the comptroller not
7-12 later than June 1 immediately preceding the first 12-month period
7-13 during which the fees are to be collected.
7-14 (f) A resolution under Subsection (e) continues from year to
7-15 year allowing the county to collect fees under the terms of this
7-16 section until the resolution is rescinded.
7-17 (g) A commissioners court that desires to rescind a
7-18 resolution adopted under Subsection (e) must submit to the
7-19 comptroller not later than June 1 preceding the beginning of the
7-20 first day of the state fiscal year a resolution stating the
7-21 commissioners court's desire to rescind the resolution.
7-22 (h) A county that is not eligible to participate under
7-23 Subsection (e) on July 1 of a year but is eligible to participate
7-24 later in the year may submit a resolution meeting the requirements
7-25 of Subsection (e) to the comptroller. The comptroller shall
7-26 determine the date the county may begin to collect fees under this
7-27 section. A county that begins to collect fees under this section
8-1 after July 1 is not eligible for a payment by the comptroller under
8-2 Section 25.00211 until the 60th day after the date the comptroller
8-3 determines the county may begin to collect fees under this section.
8-4 (i) A clerk may not collect a fee under this section and
8-5 under Section 51.701 or 51.702.
8-6 SECTION 9. Section 51.703, Government Code, as added by this
8-7 Act, applies only to filing fees for civil cases filed and to costs
8-8 on convictions occurring on or after the effective date of this
8-9 Act.
8-10 SECTION 10. The change in law made by Section 51.704,
8-11 Government Code, as added by this Act, applies only to filing fees
8-12 for a case filed on or after the effective date of this Act.
8-13 SECTION 11. This Act takes effect October 1, 1999, and
8-14 applies only to a salary payment made on or after that date. A
8-15 salary payment made before October 1, 1999, is governed by the law
8-16 in effect on the date the salary payment was made, and that law is
8-17 continued in effect for that purpose.
8-18 SECTION 12. The importance of this legislation and the
8-19 crowded condition of the calendars in both houses create an
8-20 emergency and an imperative public necessity that the
8-21 constitutional rule requiring bills to be read on three several
8-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1123 was passed by the House on May
8, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1123 on May 27, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1123 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1123 was passed by the Senate, with
amendments, on May 24, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1123 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor