By Thompson                                           H.B. No. 1123
         76R2223 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the salaries of statutory county court judges and to
 1-3     the collection of certain court costs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 25.0005, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 25.0005.  JUDGE'S SALARY.  (a)  A statutory county court
 1-8     judge[, other than a statutory county court judge who engages in
 1-9     the private  practice of law or a judge in whose court fees and
1-10     costs under Section 51.702 are not collected,] shall be paid a
1-11     total annual salary set by the commissioners court at an amount
1-12     that is at least equal to the amount that is $1,000 [$4,000] less
1-13     than the total annual salary received by  a district judge in the
1-14     county.  A district judge's or statutory county court judge's total
1-15     annual salary includes contributions and supplements, paid by the
1-16     state or a county, other than contributions received as
1-17     compensation under Section 74.051.
1-18           (b)  [Subject to any salary requirements otherwise imposed by
1-19     this chapter for a particular court or county, the commissioners
1-20     court sets the salary of each statutory county court judge who
1-21     engages in the private practice of law or in whose court fees and
1-22     costs under Section 51.702 are not collected.]
1-23           [(c)]  The salary shall be paid in equal monthly
1-24     installments.
 2-1           (c) [(d)]  Notwithstanding Section 25.0001(a), this section
 2-2     prevails over any other law that limits a particular statutory
 2-3     county court judge to an annual salary of less than the amount
 2-4     provided by Subsection (a), but does not affect a salary minimum
 2-5     set by other law that equals or exceeds the amount provided by
 2-6     Subsection (a).
 2-7           [(e)  A county is not required to meet the salary
 2-8     requirements of Subsection (a) for a particular court if:]
 2-9                 [(1)  not later than September 1 of the year in which
2-10     the county initially begins collecting fees and costs under Section
2-11     51.702, the county increases the salary of each statutory county
2-12     court judge in the county to an amount that is at least:]
2-13                       [(A)  $20,000 more than the salary the judge was
2-14     entitled to on May 1 of that year, if the county initially begins
2-15     collecting fees and costs under Section 51.702 before January 1,
2-16     1998, and is also at least $24,000 more than the salary the judge
2-17     was entitled to on May 1, 1997; and]
2-18                       [(B)  $24,000 more than the salary the judge was
2-19     entitled to on May 1 of that year if the county initially begins
2-20     collecting fees and costs under Section 51.702 on or after January
2-21     1, 1998;]
2-22                 [(2)  the county pays at least the salary required by
2-23     Subdivision (1);]
2-24                 [(3)  the county collects the fees and costs as
2-25     provided by Section 51.702;]
2-26                 [(4)  the court has at least the jurisdiction provided
2-27     by Section 25.0003; and]
 3-1                 [(5)  except as provided by Subsection (f), the county
 3-2     uses at least 50 percent of the amount the county receives each
 3-3     state fiscal year under Section 25.0016 for salaries for the
 3-4     statutory county court judges.]
 3-5           [(f)  Subsection (e)(5) does not require a county to pay a
 3-6     salary that exceeds the minimum salary under Subsection (a).]
 3-7           [(g)  An exemption under Subsection (e) is not an exclusion
 3-8     for purposes of Section 25.0015(a)(3).]
 3-9           SECTION 2.  Section 25.0015(a), Government Code, is amended
3-10     to read as follows:
3-11           (a)  Beginning on the first day of the state fiscal year, the
3-12     state shall annually compensate each county [that collects the
3-13     additional fees and costs under Section 51.702] in an amount that
3-14     is $1,000 less than the state salary provided for a district judge
3-15     under the article of the General Appropriations Act relating to the
3-16     judiciary [equal to $30,000] for each statutory county court judge
3-17     in the county who:
3-18                 (1)  [does not engage in the private practice of law;]
3-19                 [(2)]  presides over a court with at least the
3-20     jurisdiction provided by Section 25.0003; and
3-21                 (2) [(3)]  except as provided by Section 25.0005(c)
3-22     [25.0005(d)], is not excluded from the application of Section
3-23     25.0003 or Section 25.0005.
3-24           SECTION 3.  Section 51.702, Government Code, is amended to
3-25     read as follows:
3-26           Sec. 51.702.  ADDITIONAL FEES AND COSTS IN [CERTAIN] COUNTY
3-27     COURTS.  (a)  In [Except as provided by Subsection (g), in]
 4-1     addition to all other fees authorized or required by other law, the
 4-2     clerk of a statutory county court shall collect a $40 filing fee in
 4-3     each civil case filed in the court to be used for court-related
 4-4     purposes for the support of the judiciary.
 4-5           (b)  In addition to other court costs, a person shall pay $15
 4-6     as a court cost on conviction of any criminal offense in a
 4-7     statutory county court, including cases in which probation or
 4-8     deferred adjudication is granted.  A conviction that arises under
 4-9     Chapter 521, Transportation Code, or a conviction under Subtitle C,
4-10     Title 7, Transportation Code, is included, except that a conviction
4-11     arising under any law that regulates pedestrians or the parking of
4-12     motor vehicles is not included.
4-13           (c)  Court costs and fees due under this section shall be
4-14     collected in the same manner as other fees, fines, or costs are
4-15     collected in the case.
4-16           (d)  The clerk shall send the fees and costs collected under
4-17     this section to the comptroller at least as frequently as monthly.
4-18     The comptroller shall deposit the fees in the judicial fund.
4-19           (e)  Section 51.320 applies to a fee or cost collected under
4-20     this section.
4-21           (f)  [This section applies only to fees and costs for a
4-22     12-month period beginning July 1 in a county in which the
4-23     commissioners court:]
4-24                 [(1)  adopts a resolution authorizing the fees and
4-25     costs under this section; and]
4-26                 [(2)  files the resolution with the comptroller not
4-27     later than June 1 immediately preceding the first 12-month period
 5-1     during which the fees and costs are to be collected.]
 5-2           [(g)  A resolution under Subsection (f) continues from year
 5-3     to year allowing the county to collect fees and costs under the
 5-4     terms of this section until the resolution is rescinded.]
 5-5           [(h)  A commissioners court that desires to rescind a
 5-6     resolution adopted under Subsection (f) must submit to the
 5-7     comptroller not later than June 1 preceding the beginning of the
 5-8     first day of the state fiscal year the commissioners court desires
 5-9     to rescind the resolution.]
5-10           [(i)  A county that is not eligible to participate under
5-11     Subsection (f) on July 1 of a year but is eligible to participate
5-12     later in the year may submit a resolution meeting the requirements
5-13     of Subsection (f) to the comptroller.  The comptroller shall
5-14     determine the date the county may begin to collect fees and costs
5-15     under this section.  A county that begins to collect fees and costs
5-16     under this section after July 1 is not eligible for a payment by
5-17     the comptroller under Section 25.0015 until the 60th day after the
5-18     date the comptroller determines the county may begin to collect
5-19     fees and costs under this section.]
5-20           [(j)]  A clerk may not collect a fee under this section and
5-21     under Section 51.701.
5-22           [(k)  Money collected under this section after a county
5-23     ceases to participate in the collection of additional fees and
5-24     costs under this section shall be remitted to the comptroller.  The
5-25     money shall be deposited in the judicial fund and shall be
5-26     distributed to counties currently participating under this section
5-27     in the manner described in Section 25.0005.]
 6-1           SECTION 4.  Subchapter A, Chapter 25, Government Code, is
 6-2     amended by adding Section 25.0019 to read as follows:
 6-3           Sec. 25.0019.  PRIVATE PRACTICE OF LAW PROHIBITED.  A
 6-4     statutory county court judge may not engage in the private practice
 6-5     of law.
 6-6           SECTION 5.  Section 25.0452(d), Government Code, is amended
 6-7     to read as follows:
 6-8           (d)  The judge of a county court at law shall diligently
 6-9     discharge the duties of his office on a full-time basis [and may
6-10     not engage in the private practice of law].
6-11           SECTION 6.  Section 25.0632(b), Government Code, is amended
6-12     to read as follows:
6-13           (b)  The regular judge of [a statutory county court or] a
6-14     statutory probate court may not engage in the private practice of
6-15     law.
6-16           SECTION 7.  Section 25.0812(m), Government Code, is amended
6-17     to read as follows:
6-18           (m)  Section [Sections 25.0005(b) and] 25.0011 does [do] not
6-19     apply to a county court at law in Fort Bend County.
6-20           SECTION 8.  Section 25.0962(h), Government Code, is amended
6-21     to read as follows:
6-22           (h)  Section [Sections 25.0005(b) and] 25.0008 does [do] not
6-23     apply to a county court at law in Guadalupe County.
6-24           SECTION 9.  Section 25.1152(e), Government Code, is amended
6-25     to read as follows:
6-26           (e)  The judge of a county court at law shall diligently
6-27     discharge the duties of his office on a full-time basis [and may
 7-1     not engage in the private practice of law].
 7-2           SECTION 10.  Section 25.1182(e), Government Code, is amended
 7-3     to read as follows:
 7-4           (e)  The judge of a county court at law shall diligently
 7-5     discharge the duties of his office on a full-time basis [and may
 7-6     not engage in the private practice of law].
 7-7           SECTION 11.  Section 25.1312(l), Government Code, is amended
 7-8     to read as follows:
 7-9           (l)  The judge of a statutory county court shall diligently
7-10     discharge the duties of the office on a full-time basis [and may
7-11     not engage in the private practice of law].
7-12           SECTION 12.  Section 25.1412(c), Government Code, is amended
7-13     to read as follows:
7-14           (c)  The judge of a county court at law[:]
7-15                 [(1)  may not engage in the private practice of law;
7-16     and]
7-17                 [(2)]  must comply with Canon 4 of the Code of Judicial
7-18     Conduct.
7-19           SECTION 13.  Section 25.1762(e), Government Code, is amended
7-20     to read as follows:
7-21           (e)  A judge of a county court at law shall diligently
7-22     discharge the duties of office on a full-time basis.  [The judge
7-23     may not engage in the private practice of law.]
7-24           SECTION 14.  Section 25.1792(e), Government Code, is amended
7-25     to read as follows:
7-26           (e)  The judge may not receive from a law firm any money
7-27     other than money earned before taking office.  [The judge may not
 8-1     engage in the private practice of law.]
 8-2           SECTION 15.  Section 25.1852(e), Government Code, is amended
 8-3     to read as follows:
 8-4           (e)  The judge may not receive any money from a law firm,
 8-5     except money earned before taking office.  [The judge of a county
 8-6     court at law may not engage in the private practice of law.]
 8-7           SECTION 16.  Section 25.1862(m), Government Code, is amended
 8-8     to read as follows:
 8-9           (m)  Sections [25.0005(b),] 25.0006[,] and 25.0008 do not
8-10     apply to a county court at law in Parker County.
8-11           SECTION 17.  Section 25.1902(l), Government Code, is amended
8-12     to read as follows:
8-13           (l)  Section [Sections 25.0005(b) and] 25.0007 does [do] not
8-14     apply to a county court at law in Potter County.
8-15           SECTION 18.  Section 25.2223(e), Government Code, is amended
8-16     to read as follows:
8-17           (e)  A judge of the County Criminal Court No. 1 or 2 of
8-18     Tarrant County shall devote his entire time to the duties of the
8-19     office of judge [and may not engage in the private practice of law.
8-20     A judge of the County Criminal Court No. 3, 4, 5, 6, 7, 8, 9, or 10
8-21     of Tarrant County may not engage in the practice of law].
8-22           SECTION 19.  Section 25.2282(d), Government Code, is amended
8-23     to read as follows:
8-24           (d)  The judge of a county court at law shall devote his
8-25     entire time to the duties of his office.  [The judge may not engage
8-26     in the private practice of law.]
8-27           SECTION 20.  Sections 25.0016, 25.0032(d), as added by
 9-1     Chapter 148, Acts of the 70th Legislature, Regular Session, 1987,
 9-2     25.0102(d), 25.0222(i), 25.0232(d), 25.0302(h), 25.0312(e),
 9-3     25.0332(g),  25.0392(d), 25.0482(d) and (i), 25.0522(d),
 9-4     25.0722(d), 25.0742, 25.0812(f), 25.0932(i), 25.0942(c),
 9-5     25.1033(f), 25.1072(i), 25.1092(e), 25.1102(l), 25.1142(e),
 9-6     25.1182(i), 25.1282(d), 25.1352(h), 25.1482(d), 25.1732(d),
 9-7     25.1862(d), 25.1892(d), 25.1902(g), 25.1932(c), 25.1972(d),
 9-8     25.2032(c), 25.2072(c), 25.2142(e), 25.2162(d), 25.2222(h),
 9-9     25.2292(e), 25.2293(g), 25.2352(d), 25.2382(d), 25.2392(d),
9-10     25.2412(d), 25.2422(d), 25.2452(f), 25.2462(c), and 25.2482(d),
9-11     Government Code, are repealed.
9-12           SECTION 21.  (a)  Except as provided by Subsection (b) of
9-13     this section, this Act takes effect September 1, 1999, and applies
9-14     only to a civil case filed or to a person convicted of an offense
9-15     committed on or after that date.  For purposes of this subsection,
9-16     an offense is committed before the effective date of this Act if
9-17     any element of the offense occurs before the effective date.  A
9-18     civil case filed or a person convicted of an offense committed
9-19     before September 1, 1999, is governed by the law in effect on the
9-20     date the case was filed or the offense was committed, and that law
9-21     is continued in effect for that purpose.
9-22           (b)  Sections 1 and 2 of this Act take effect October 1,
9-23     1999, and apply only to a salary payment made on or after that
9-24     date.  A salary payment made before October 1, 1999, is governed by
9-25     the law in effect on the date the salary payment was made, and that
9-26     law is continued in effect for that purpose.
9-27           SECTION 22.  The importance of this legislation and the
 10-1    crowded condition of the calendars in both houses create an
 10-2    emergency and an imperative public necessity that the
 10-3    constitutional rule requiring bills to be read on three several
 10-4    days in each house be suspended, and this rule is hereby suspended.