By Brown                                                S.B. No. 71
         76R1399 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the Judicial Compensation Commission.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subtitle B, Title 2, Government Code, is amended
 1-5     by adding Chapter 35 to read as follows:
 1-6                CHAPTER 35.  JUDICIAL COMPENSATION COMMISSION
 1-7                         SUBCHAPTER A.  ORGANIZATION
 1-8           Sec. 35.001.  DEFINITION.  In this chapter, "commission"
 1-9     means the Judicial Compensation Commission.
1-10           Sec. 35.002.  MEMBERSHIP; TERMS.  The commission consists of
1-11     nine members appointed by the governor with the advice and consent
1-12     of the senate.  Members serve for staggered terms of six years with
1-13     the terms of three members expiring February 1 of each odd-numbered
1-14     year.
1-15           Sec. 35.003.  VACANCY.  In the event of a vacancy, the
1-16     governor shall appoint a replacement to fill the unexpired portion
1-17     of the term.
1-18           Sec. 35.004.  PRESIDING OFFICER.  The governor shall
1-19     designate a member of the commission as the presiding officer of
1-20     the commission to serve in that capacity at the will of the
1-21     governor.  The presiding officer may vote on all matters before the
1-22     commission.
1-23           Sec. 35.005.  QUALIFICATIONS.  (a) Each  member must be a
1-24     registered voter of the state.
 2-1           (b)  A member of the commission may not hold any other public
 2-2     office or be an employee of any state department, agency, board, or
 2-3     commission during the member's tenure on the commission.
 2-4           (c)  A person may not be a member of the commission or act as
 2-5     the general counsel to the commission if the person is required to
 2-6     register as a lobbyist under Chapter 305 because of the person's
 2-7     activities for compensation on behalf of a profession related to
 2-8     the operation of the commission.
 2-9           (d)  Appointments to the commission shall be made without
2-10     regard to the race, color, disability, sex, religion, age, or
2-11     national origin of the appointees.
2-12           Sec. 35.006.  REMOVAL.  (a)  It is a ground for removal from
2-13     the commission that a member:
2-14                 (1)  does not have at the time of appointment the
2-15     qualification required by Section 35.005(a);
2-16                 (2)  does not maintain during service on the commission
2-17     the qualification required by Section 35.005(a);
2-18                 (3)  violates the prohibition established by Section
2-19     35.005(b);
2-20                 (4)  is ineligible for membership under Section
2-21     35.005(c);
2-22                 (5)  cannot, because of illness or disability,
2-23     discharge the member's duties for a substantial part of the
2-24     member's term; or
2-25                 (6)  is absent from more than half of the regularly
2-26     scheduled meetings that the member is eligible to attend during a
2-27     calendar year without an excuse approved by a majority vote of the
 3-1     commission.
 3-2           (b)  The validity of an action of the commission is not
 3-3     affected by the fact that it is taken when a ground for removal of
 3-4     a commission member exists.
 3-5           Sec. 35.007.  ADMINISTRATIVE SUPPORT.  (a)  The Office of
 3-6     Court Administration shall provide administrative support for the
 3-7     commission.  The commission is entitled to receive staff support,
 3-8     meeting facilities, temporary work facilities, including computer,
 3-9     telephone, reproduction, and facsimile equipment, available data,
3-10     and other resources from the Office of Court Administration as
3-11     necessary to carry out the commission's powers and duties.
3-12           (b)  The Office of Court Administration shall grant all
3-13     reasonable requests for staff support and resources under this
3-14     section.
3-15           Sec. 35.008.  COMPENSATION AND REIMBURSEMENT.  (a) A member
3-16     of the commission may not receive compensation for the member's
3-17     service on the commission.
3-18           (b)  The Office of Court Administration shall reimburse a
3-19     member for all actual and reasonable expenses incurred in the
3-20     exercise of  powers and performance of duties under this chapter.
3-21           (c)  A member shall follow the reimbursement procedures of
3-22     the Office of Court Administration.
3-23               (Sections 35.009-35.100 reserved for expansion
3-24                      SUBCHAPTER B.  POWERS AND DUTIES
3-25           Sec. 35.101.  MEETINGS.  The commission shall meet at the
3-26     call of the presiding officer or at the request of a majority of
3-27     the members.
 4-1           Sec. 35.102.  BIENNIAL REPORTS.  (a)  Not later than December
 4-2     1 of each even-numbered year, the  commission shall make a biennial
 4-3     report to the legislature.  In the report, the commission shall
 4-4     recommend the proper salaries to be paid by the state for all
 4-5     justices and judges of the supreme court, the court of criminal
 4-6     appeals, the courts of appeal, and the district courts.
 4-7           (b)  In recommending the proper salaries for all justices and
 4-8     judges of the supreme court, the court of criminal appeals, the
 4-9     courts of appeal, and the district courts, the commission shall
4-10     consider the following factors:
4-11                 (1)  the skill and experience required of the
4-12     particular judgeship at issue;
4-13                 (2)  the time required of the particular judgeship at
4-14     issue;
4-15                 (3)  the value of compensable service performed by
4-16     justices and judges, as determined by reference to judicial
4-17     compensation in other states and the federal government;
4-18                 (4)  the value of comparable service performed in the
4-19     private sector, including private judging, arbitration, and
4-20     mediation;
4-21                 (5)  the compensation of attorneys in the private
4-22     sector;
4-23                 (6)  the cost of living and changes in the cost of
4-24     living;
4-25                 (7)  the compensation from the state presently received
4-26     by other public officials in the state, including:
4-27                       (A)  state constitutional officeholders;
 5-1                       (B)  deans, presidents, and chancellors of the
 5-2     public university systems;
 5-3                       (C)  district attorneys; and
 5-4                       (D)  chiefs of police, county attorneys, and city
 5-5     attorneys in major metropolitan areas for which that information is
 5-6     readily available;
 5-7                 (8)  other factors that are normally or traditionally
 5-8     taken into consideration in the determination of judicial
 5-9     compensation; and
5-10                 (9)  most importantly, the level of overall
5-11     compensation adequate to attract the most highly qualified
5-12     individuals in the state, from a diversity of life and professional
5-13     experiences, to serve in the judiciary without unreasonable
5-14     economic hardship and with judicial independence unaffected by
5-15     financial concerns.
5-16           Sec. 35.103.  BINDING NATURE OF REPORT.  (a)  The
5-17     recommendations made by the commission in its biennial report to
5-18     the legislature are binding and have full force of law on September
5-19     1 following the delivery of the  report to the lieutenant governor,
5-20     the speaker of the house of representatives, and the members and
5-21     members-elect of the legislature, if neither the senate nor the
5-22     house of representatives, by majority vote, rejects the
5-23     recommendations before the enactment of the General Appropriations
5-24     Act for the subsequent biennium.
5-25           (b)  The comptroller shall make payments for the recommended
5-26     salaries unless either the senate or the house of representatives
5-27     rejects the recommendations as provided by Subsection (a).
 6-1           SECTION 2.  Section 659.011, Government Code, is amended to
 6-2     read as follows:
 6-3           Sec. 659.011.  SALARIES SET IN APPROPRIATIONS ACT.  Except as
 6-4     provided by Chapter 35, the [The] salaries of all state officers
 6-5     and employees are in the amounts provided by the biennial
 6-6     appropriations act.
 6-7           SECTION 3.  Section 659.012, Government Code, is repealed.
 6-8           SECTION 4.  In appointing the initial members of the Judicial
 6-9     Compensation Commission, the governor shall appoint three persons
6-10     to terms expiring February 1, 2001, three persons to terms expiring
6-11     February 1, 2003, and three persons to terms expiring February 1,
6-12     2005.
6-13           SECTION 5.  This Act takes effect on the date on which the
6-14     constitutional amendment proposed by __J.R. No. ___, 76th
6-15     Legislature, Regular Session, 1999, takes effect.  If that
6-16     amendment is not approved by the voters, this Act has no effect.
6-17           SECTION 6.  The importance of this legislation and the
6-18     crowded condition of the calendars in both houses create an
6-19     emergency and an imperative public necessity that the
6-20     constitutional rule requiring bills to be read on three several
6-21     days in each house be suspended, and this rule is hereby suspended.