SRC-SEW S.B. 960 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 960
77R3423 YDB-DBy: Brown, J. E. "Buster"
Intergovernmental Relations
3/15/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law sets caps on the amount of compensation county
commissioners courts can give appellate justices and district judges.  Over
the past few years, Texas has experienced enormous economic growth in the
legal services market.  However, while attorney compensation packages have
increased, judicial salaries have remained relatively static.
Consequently, the difference between judicial and private sector
compensation has widened.  This difference in compensation is an obstacle
to recruiting and retaining judicial talent.  Texas judicial salaries also
fall behind the compensation scales of other states.  As proposed, S.B. 960
removes the state-imposed salary caps and gives county commissioners courts
the option to supplement state pay for the 14 courts of appeal justices and
for district court judges. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.001, Government Code, to authorize the
commissioners court in the counties of each of the 14 courts of appeals
districts to pay an annual salary (rather than an amount not to exceed
$15,000 a year) to each of the justices of the courts of appeals residing
within the court of appeals district that includes those counties. 

SECTION 2.  Amends the heading to Section 32.001, Government Code, to read
as follows: 

 Sec. 32.001.  AUTHORITY FOR COUNTY PAYMENT OF SALARY.  

SECTION 3.  Amends Section 32.001(a), Government Code, to authorize the
commissioners court of a county (rather than just Anderson County) to pay
an annual salary to each of the judges of the district courts having
jurisdiction in the county.  Provides that the payment is for all judicial
and administrative services performed by the judge, and deletes text
prohibiting a judge's annual salary from exceeding $1,200.   

SECTION 4.  Amends the heading to Section 32.002, Government Code, to read
as follows: 

 Sec. 32.002.  SALARY ADDITIONAL.  

SECTION 5.  Amends Section 32.002(c), Government Code, to provide that the
salary authorized by Section 32.001 is in addition to the salary paid by
the state. 

SECTION 6.  Amends Chapter 32A, Government Code, by adding Section 32.003,
as follows: 

Sec. 32.003.  MONTHLY INSTALLMENTS.  Requires the salary authorized by
Section 32.001 to be paid in monthly installments from the county general
fund or another available fund  of the county. 

SECTION 7.  Amends Sections 659.012(a) and (e), Government Code, as follows:

(a) Deletes text prohibiting the combined salary of a justice of the court
of appeals other than the chief justice from all state and county sources
from exceeding the amount that is $1,000 less than the salary provided for
a justice of the supreme court.  Deletes text prohibiting the combined
salary of the chief justice of a court of appeals from exceeding the amount
that is $500 less than the salary provided for a justice of the supreme
court. Deletes text prohibiting, unless otherwise provided by law, the
combined salary of a district judge from state and county sources from
exceeding the amount that is $2,000 less than the salary provided for a
justice of the supreme court. 

(e)  Deletes text requiring the comptroller, if a salary combined with a
county supplement would be in excess of the differential provided by this
section, to reduce the state salary by the amount of the excess. 

SECTION 8.  Repealers:  Sections 31.003 (Limitations), 32.001 (Anderson
County) (b)-(d), 32.002 (Andrews County) (a) and (b), 32.004-32.253
(Aransas - Zapata Counties), and 659.012 (Judicial Salaries) (b),
Government Code.  

SECTION 9.  Effective date:  September 1, 2001.