1-1     By:  Brown                                              S.B. No. 71
 1-2           (In the Senate - Filed December 2, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Finance;
 1-4     March 11, 1999, reported favorably by the following vote:  Yeas 11,
 1-5     Nays 0; March 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of the Judicial Compensation Commission.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subtitle B, Title 2, Government Code, is amended
1-11     by adding Chapter 35 to read as follows:
1-12                CHAPTER 35.  JUDICIAL COMPENSATION COMMISSION
1-13                         SUBCHAPTER A.  ORGANIZATION
1-14           Sec. 35.001.  DEFINITION.  In this chapter, "commission"
1-15     means the Judicial Compensation Commission.
1-16           Sec. 35.002.  MEMBERSHIP; TERMS.  The commission consists of
1-17     nine members appointed by the governor with the advice and consent
1-18     of the senate.  Members serve for staggered terms of six years with
1-19     the terms of three members expiring February 1 of each odd-numbered
1-20     year.
1-21           Sec. 35.003.  VACANCY.  In the event of a vacancy, the
1-22     governor shall appoint a replacement to fill the unexpired portion
1-23     of the term.
1-24           Sec. 35.004.  PRESIDING OFFICER.  The governor shall
1-25     designate a member of the commission as the presiding officer of
1-26     the commission to serve in that capacity at the will of the
1-27     governor.  The presiding officer may vote on all matters before the
1-28     commission.
1-29           Sec. 35.005.  QUALIFICATIONS.  (a)  Each  member must be a
1-30     registered voter of the state.
1-31           (b)  A member of the commission may not hold any other public
1-32     office or be an employee of any state department, agency, board, or
1-33     commission during the member's tenure on the commission.
1-34           (c)  A person may not be a member of the commission or act as
1-35     the general counsel to the commission if the person is required to
1-36     register as a lobbyist under Chapter 305 because of the person's
1-37     activities for compensation on behalf of a profession related to
1-38     the operation of the commission.
1-39           (d)  Appointments to the commission shall be made without
1-40     regard to the race, color, disability, sex, religion, age, or
1-41     national origin of the appointees.
1-42           Sec. 35.006.  REMOVAL.  (a)  It is a ground for removal from
1-43     the commission that a member:
1-44                 (1)  does not have at the time of appointment the
1-45     qualification required by Section 35.005(a);
1-46                 (2)  does not maintain during service on the commission
1-47     the qualification required by Section 35.005(a);
1-48                 (3)  violates the prohibition established by Section
1-49     35.005(b);
1-50                 (4)  is ineligible for membership under Section
1-51     35.005(c);
1-52                 (5)  cannot, because of illness or disability,
1-53     discharge the member's duties for a substantial part of the
1-54     member's term; or
1-55                 (6)  is absent from more than half of the regularly
1-56     scheduled meetings that the member is eligible to attend during a
1-57     calendar year without an excuse approved by a majority vote of the
1-58     commission.
1-59           (b)  The validity of an action of the commission is not
1-60     affected by the fact that it is taken when a ground for removal of
1-61     a commission member exists.
1-62           Sec. 35.007.  ADMINISTRATIVE SUPPORT.  (a)  The Office of
1-63     Court Administration of the Texas Judicial System shall provide
1-64     administrative support for the commission.  The commission is
 2-1     entitled to receive staff support, meeting facilities, temporary
 2-2     work facilities, including computer, telephone, reproduction, and
 2-3     facsimile equipment, available data, and other resources from the
 2-4     Office of Court Administration as necessary to carry out the
 2-5     commission's powers and duties.
 2-6           (b)  The Office of Court Administration of the Texas Judicial
 2-7     System shall grant all reasonable requests for staff support and
 2-8     resources under this section.
 2-9           Sec. 35.008.  COMPENSATION AND REIMBURSEMENT.  (a)  A member
2-10     of the commission may not receive compensation for the member's
2-11     service on the commission.
2-12           (b)  The Office of Court Administration of the Texas Judicial
2-13     System shall reimburse a member for all actual and reasonable
2-14     expenses incurred in the exercise of  powers and performance of
2-15     duties under this chapter.
2-16           (c)  A member shall follow the reimbursement procedures of
2-17     the Office of Court Administration of the Texas Judicial System.
2-18             (Sections 35.009 to 35.100 reserved for expansion
2-19                      SUBCHAPTER B.  POWERS AND DUTIES
2-20           Sec. 35.101.  MEETINGS.  The commission shall meet at the
2-21     call of the presiding officer or at the request of a majority of
2-22     the members.
2-23           Sec. 35.102.  BIENNIAL REPORTS.  (a)  Not later than December
2-24     1 of each even-numbered year, the  commission shall make a biennial
2-25     report to the legislature.  In the report, the commission shall
2-26     recommend the proper salaries to be paid by the state for all
2-27     justices and judges of the supreme court, the court of criminal
2-28     appeals, the courts of appeals, and the district courts.
2-29           (b)  In recommending the proper salaries for all justices and
2-30     judges of the supreme court, the court of criminal appeals, the
2-31     courts of appeals, and the district courts, the commission shall
2-32     consider the following factors:
2-33                 (1)  the skill and experience required of the
2-34     particular judgeship at issue;
2-35                 (2)  the time required of the particular judgeship at
2-36     issue;
2-37                 (3)  the value of compensable service performed by
2-38     justices and judges, as determined by reference to judicial
2-39     compensation in other states and the federal government;
2-40                 (4)  the value of comparable service performed in the
2-41     private sector, including private judging, arbitration, and
2-42     mediation;
2-43                 (5)  the compensation of attorneys in the private
2-44     sector;
2-45                 (6)  the cost of living and changes in the cost of
2-46     living;
2-47                 (7)  the compensation from the state presently received
2-48     by other public officials in the state, including:
2-49                       (A)  state constitutional officeholders;
2-50                       (B)  deans, presidents, and chancellors of the
2-51     public university systems;
2-52                       (C)  district attorneys; and
2-53                       (D)  chiefs of police, county attorneys, and city
2-54     attorneys in major metropolitan areas for which that information is
2-55     readily available;
2-56                 (8)  other factors that are normally or traditionally
2-57     taken into consideration in the determination of judicial
2-58     compensation; and
2-59                 (9)  most importantly, the level of overall
2-60     compensation adequate to attract the most highly qualified
2-61     individuals in the state, from a diversity of life and professional
2-62     experiences, to serve in the judiciary without unreasonable
2-63     economic hardship and with judicial independence unaffected by
2-64     financial concerns.
2-65           Sec. 35.103.  BINDING NATURE OF REPORT.  (a)  The
2-66     recommendations made by the commission in its biennial report to
2-67     the legislature are binding and have full force of law on September
2-68     1 following the delivery of the report to the lieutenant governor,
2-69     the speaker of the house of representatives, and the members and
 3-1     members-elect of the legislature, if neither the senate nor the
 3-2     house of representatives, by majority vote, rejects the
 3-3     recommendations before the enactment of the General Appropriations
 3-4     Act for the subsequent biennium.
 3-5           (b)  The comptroller shall make payments for the recommended
 3-6     salaries unless either the senate or the house of representatives
 3-7     rejects the recommendations as provided by Subsection (a).
 3-8           SECTION 2.  Section 659.011, Government Code, is amended to
 3-9     read as follows:
3-10           Sec. 659.011.  SALARIES SET IN APPROPRIATIONS ACT.  Except as
3-11     provided by Chapter 35, the [The] salaries of all state officers
3-12     and employees are in the amounts provided by the biennial
3-13     appropriations act.
3-14           SECTION 3.  Section 659.012, Government Code, is repealed.
3-15           SECTION 4.  In appointing the initial members of the Judicial
3-16     Compensation Commission, the governor shall appoint three persons
3-17     to terms expiring February 1, 2001, three persons to terms expiring
3-18     February 1, 2003, and three persons to terms expiring February 1,
3-19     2005.
3-20           SECTION 5.  This Act takes effect on the date on which the
3-21     constitutional amendment proposed by __J.R. No. ___, 76th
3-22     Legislature, Regular Session, 1999, takes effect.  If that
3-23     amendment is not approved by the voters, this Act has no effect.
3-24           SECTION 6.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
3-28     days in each house be suspended, and this rule is hereby suspended.
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