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.