HBA-CBW C.S.H.B. 2300 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2300
By: Thompson
Judicial Affairs
3/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

For many years, the state's creation of district courts has lagged behind
the caseload of those courts. In response to this problem, counties have
requested that the legislature create statutory county courts and increase
the jurisdiction of those courts to attempt to handle the surplus caseloads
of the district courts. Since 1991, there have been several bills passed
providing funding to statutory county courts and attempting to ensure
minimum salaries for judges.  All of these bills relied on filing fees and
court costs for funding.  Last session, state revenue was added to the
funding generated by the fees and costs, but the constitutionality of the
funding was questioned because the funding was not uniform in every
statutory county court. Additional funding is needed from the state to pay
for the cost of maintaining county courts. C.S.H.B. 2300 allows the state
to retain fees, requires all counties with statutory county courts to
charge fees, and requires the state to provide equal funding for each
statutory court judge. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2300 amends the Government Code to require a statutory court judge
to be paid a total of $1,000 less than the total annual salary received by
a district judge in the county at any time, rather than on August 31, 1999.
The bill removes the salary payment exemption for a statutory county court
judge who engages in the private practice of  law or a judge in whose court
additional fees and costs are not collected.  The bill deletes existing
text stating that the commissioners court sets the salary of each statutory
county court judge who engages in the private practice of law or in whose
court additional fees and costs are not collected.  A county is not
required to meet the salary requirements for a particular court if the
county increases the salary of each statutory county judge in the county to
an amount that is at least $40,000, instead of $28,000, more than the
salary the judge was entitled to on May 1 of the year the county initially
begins collecting additional court fees and costs (Sec. 25.0005). 

The bill requires the state to annually compensate each county in an amount
that is $52,000 less than the state salary provided for a district judge
under the General Appropriations Act, rather than $35,000 for each
statutory county court judge in the county who does not engage in the
private practice of law.   The bill deletes the provision that requires
that of each $35,000 paid to a county, $30,000 is required to be paid from
funds appropriated from the judicial fund, and $5,000 is required to be
paid from funds appropriated from the general revenue fund (Sec. 25.0015).
The bill deletes existing text relating to additional court fees and costs
collected under certain conditions (Sec. 51.702).  The bill deletes the
provision that at least 40 percent of the functions that the county judge
performs need to be judicial functions to entitle the judge to a
supplemental annual salary (Sec. 26.006).  The bill requires the county
clerk to send $50 of each fee collected to the comptroller at least as
frequently as monthly (Sec. 51.702).  The bill increases from $40 to $55
the filing fee in each civil case collected by the clerk (Secs. 51.702 and
51.703).   

The bill prohibits a statutory county court judge from engaging in the
private practice of law (Sec. 25.0019).  The bill deletes provisions
prohibiting judges of a county court at law from engaging in the private
practice of law (SECTION 23).  The Act takes effect only if proposed House
Bill 1884 is enacted and becomes law. 

EFFECTIVE DATE

September 1, 2001.  The bill provides that provisions relating to judge's
salary, state contribution, and judicial functions of a judge take effect
October 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2300  differs from the original bill to reinstate and modify the
provision stating that a county is not required to meet the salary
requirements for a particular court if the county increases the salary of
each statutory county court judge in the county to at least $40,000 more,
rather than $28,000 more, than the judge was entitled to receive on May 1
of the year the county initially begins collecting additional court fees
and costs (Sec. 25.0005). The substitute decreases from $1,000 less than
the state salary provided for a district judge under the General
Appropriations Act to $52,000, less than such a salary the amount of which
the state is required to compensate each county for each statutory county
court judge in the county without regard to jurisdiction or specified
exceptions.  The bill requires the county clerk to send $50 of each fee
collected to the comptroller at least monthly. The substitute increases
from $40 to $55 the filing fees collected by the clerk (Secs. 25.0015,
51.702, and 51.703). The substitute differs from the original bill by
providing that the Act takes effect only if proposed House Bill 1884 is
enacted and becomes law.