77R10041 JMC-D                           
         By Thompson, Farabee, et al.                          H.B. No. 2300
         Substitute the following for H.B. No. 2300:
         By Deshotel                                       C.S.H.B. No. 2300
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the salaries of certain judges and to the collection of
 1-3     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 less than the
1-13     total annual salary received by a district judge in the county [on
1-14     August 31, 1999].  A district judge's or statutory county court
1-15     judge's total annual salary includes contributions and supplements,
1-16     paid by the 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           (d) [(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 $40,000
2-13     [$28,000] more than the salary the judge was entitled to on May 1
2-14     of the year the county initially begins collecting fees and costs
2-15     under Section 51.702[;]
2-16                 [(2)  the county pays at least the salary required by
2-17     Subdivision (1);]
2-18                 [(3)  the county collects the fees and costs as
2-19     provided by Section 51.702;]
2-20                 [(4)  the court has at least the jurisdiction provided
2-21     by Section 25.0003; and]
2-22                 [(5)  except as provided by Subsection (f), the county
2-23     uses at least 50 percent of the amount the county receives each
2-24     state fiscal year under Section 25.0016 for salaries for the
2-25     statutory county court judges].
2-26           [(f)  Subsection (e)(5) does not require a county to pay a
2-27     salary that exceeds the minimum salary under Subsection (a).]
 3-1           [(g)  An exemption under Subsection (e) is not an exclusion
 3-2     for purposes of Section 25.0015(a)(3).]
 3-3           SECTION 2.  Section 25.0015, Government Code, is amended to
 3-4     read as follows:
 3-5           Sec. 25.0015.  STATE CONTRIBUTION. (a)  Beginning on the
 3-6     first day of the state fiscal year, the state shall annually
 3-7     compensate each county [that collects the additional fees and costs
 3-8     under Section 51.702] in an amount that is $52,000 less than the
 3-9     state salary provided for a district judge under the article of the
3-10     General Appropriations Act relating to the judiciary [equal to
3-11     $35,000] for each statutory county court judge in the county [who:]
3-12                 [(1)  does not engage in the private practice of law;]
3-13                 [(2)  presides over a court with at least the
3-14     jurisdiction provided by Section 25.0003; and]
3-15                 [(3)  except as provided by Section 25.0005(d), is not
3-16     excluded from the application of Section 25.0003 or Section
3-17     25.0005].
3-18           (b)  The amount shall be paid to the county's salary fund in
3-19     equal monthly installments.  [Of each $35,000 paid a county,
3-20     $30,000 shall be paid from funds appropriated from the judicial
3-21     fund, and $5,000 shall be paid from funds appropriated from the
3-22     general revenue fund.]
3-23           SECTION 3.  Section 25.0016(c), Government Code, is amended
3-24     to read as follows:
3-25           (c)  In determining the amount deposited in the judicial fund
3-26     under Section 51.702 for a county that collects fees and costs as
3-27     provided by that section, the comptroller shall credit $50 [$40] of
 4-1     each fee deposited in the judicial fund under Section 51.701 by
 4-2     that county for cases assigned to a statutory county court as fees
 4-3     deposited under Section 51.702.
 4-4           SECTION 4.  Section 51.702, Government Code, is amended to
 4-5     read as follows:
 4-6           Sec. 51.702.  ADDITIONAL FEES AND COSTS IN [CERTAIN]
 4-7     STATUTORY COUNTY COURTS.  (a)  In [Except as provided by Subsection
 4-8     (g), in] addition to all other fees authorized or required by other
 4-9     law, the clerk of a statutory county court shall collect a $55
4-10     [$40] filing fee in each civil case filed in the court to be used
4-11     for court-related purposes for the support of the judiciary.
4-12           (b)  In addition to other court costs, a person shall pay $15
4-13     as a court cost on conviction of any criminal offense in a
4-14     statutory county court, including cases in which probation or
4-15     deferred adjudication is granted.  A conviction that arises under
4-16     Chapter 521, Transportation Code, or a conviction under Subtitle C,
4-17     Title 7, Transportation Code, is included, except that a conviction
4-18     arising under any law that regulates pedestrians or the parking of
4-19     motor vehicles is not included.
4-20           (c)  Court costs and fees due under this section shall be
4-21     collected in the same manner as other fees, fines, or costs are
4-22     collected in the case.
4-23           (d)  The clerk shall send $50 of each fee collected under
4-24     Subsection (a) [the fees] and the costs collected under Subsection
4-25     (b) [this section] to the comptroller at least as frequently as
4-26     monthly.  The comptroller shall deposit the fees in the judicial
4-27     fund.
 5-1           (e)  Section 51.320 applies to a fee or cost collected under
 5-2     this section.
 5-3           (f)  [This section applies only to fees and costs for a
 5-4     12-month period beginning July 1 in a county in which the
 5-5     commissioners court:]
 5-6                 [(1)  adopts a resolution authorizing the fees and
 5-7     costs under this section; and]
 5-8                 [(2)  files the resolution with the comptroller not
 5-9     later than June 1 immediately preceding the first 12-month period
5-10     during which the fees and costs are to be collected.]
5-11           [(g)  A resolution under Subsection (f) continues from year
5-12     to year allowing the county to collect fees and costs under the
5-13     terms of this section until the resolution is rescinded.]
5-14           [(h)  A commissioners court that desires to rescind a
5-15     resolution adopted under Subsection (f) must submit to the
5-16     comptroller not later than June 1 preceding the beginning of the
5-17     first day of the state fiscal year the commissioners court desires
5-18     to rescind the resolution.]
5-19           [(i)  A county that is not eligible to participate under
5-20     Subsection (f) on July 1 of a year but is eligible to participate
5-21     later in the year may submit a resolution meeting the requirements
5-22     of Subsection (f) to the comptroller.  The comptroller shall
5-23     determine the date the county may begin to collect fees and costs
5-24     under this section.  A county that begins to collect fees and costs
5-25     under this section after July 1 is not eligible for a payment by
5-26     the comptroller under Section 25.0015 until the 60th day after the
5-27     date the comptroller determines the county may begin to collect
 6-1     fees and costs under this section.]
 6-2           [(j)]  A clerk may not collect a fee under this section and
 6-3     under Section 51.701.
 6-4           [(k)  Money collected under this section after a county
 6-5     ceases to participate in the collection of additional fees and
 6-6     costs under this section shall be remitted to the comptroller.  The
 6-7     money shall be deposited in the judicial fund and shall be
 6-8     distributed to counties currently participating under this section
 6-9     in the manner described in Section 25.0005.]
6-10           SECTION 5.  Sections 51.703(a) and (d), Government Code, are
6-11     amended to read as follows:
6-12           (a)  In addition to all other fees authorized or required by
6-13     other law, the clerk of a county court with a judge who is entitled
6-14     to an annual salary supplement from the state under Section 26.006
6-15     shall collect a $55 [$40] filing fee in each civil case filed in
6-16     the court to be used for court-related purposes for the support of
6-17     the judiciary.
6-18           (d)  The clerk shall send $50 of each fee collected under
6-19     Subsection (a) [the fees] and the costs collected under Subsection
6-20     (b) [this section] to the comptroller at least as frequently as
6-21     monthly.  The comptroller shall deposit the fees in the judicial
6-22     fund.
6-23           SECTION 6.  Subchapter A, Chapter 25, Government Code, is
6-24     amended by adding Section 25.0019 to read as follows:
6-25           Sec. 25.0019.  PRIVATE PRACTICE OF LAW PROHIBITED.  A
6-26     statutory county court judge may not engage in the private practice
6-27     of law.
 7-1           SECTION 7.  Section 25.0452(d), Government Code, is amended
 7-2     to read as follows:
 7-3           (d)  The judge of a county court at law shall diligently
 7-4     discharge the duties of his office on a full-time basis [and may
 7-5     not engage in the private practice of law].
 7-6           SECTION 8.  Section 25.0632(b), Government Code, is amended
 7-7     to read as follows:
 7-8           (b)  The regular judge of [a statutory county court or] a
 7-9     statutory probate court may not engage in the private practice of
7-10     law.
7-11           SECTION 9.  Section 25.0812(m), Government Code, is amended
7-12     to read as follows:
7-13           (m)  Section [Sections 25.0005(b) and] 25.0011 does [do] not
7-14     apply to a county court at law in Fort Bend County.
7-15           SECTION 10.  Section 25.0962(h), Government Code, is amended
7-16     to read as follows:
7-17           (h)  Section [Sections 25.0005(b) and] 25.0008 does [do] not
7-18     apply to a county court at law in Guadalupe County.
7-19           SECTION 11.  Section 25.1152(e), Government Code, is amended
7-20     to read as follows:
7-21           (e)  The judge of a county court at law shall diligently
7-22     discharge the duties of his office on a full-time basis [and may
7-23     not engage in the private practice of law].
7-24           SECTION 12.  Section 25.1182(e), Government Code, is amended
7-25     to read as follows:
7-26           (e)  The judge of a county court at law shall diligently
7-27     discharge the duties of his office on a full-time basis [and may
 8-1     not engage in the private practice of law].
 8-2           SECTION 13.  Section 25.1312(l), Government Code, is amended
 8-3     to read as follows:
 8-4           (l)  The judge of a statutory county court shall diligently
 8-5     discharge the duties of the office on a full-time basis [and may
 8-6     not engage in the private practice of law].
 8-7           SECTION 14.  Section 25.1412(c), Government Code, is amended
 8-8     to read as follows:
 8-9           (c)  The judge of a county court at law[:]
8-10                 [(1)  may not engage in the private practice of law;
8-11     and]
8-12                 [(2)]  must comply with Canon 4 of the Code of Judicial
8-13     Conduct.
8-14           SECTION 15.  Section 25.1762(e), Government Code, is amended
8-15     to read as follows:
8-16           (e)  A judge of a county court at law shall diligently
8-17     discharge the duties of office on a full-time basis.  [The judge
8-18     may not engage in the private practice of law.]
8-19           SECTION 16.  Section 25.1792(e), Government Code, is amended
8-20     to read as follows:
8-21           (e)  The judge may not receive from a law firm any money
8-22     other than money earned before taking office.  [The judge may not
8-23     engage in the private practice of law.]
8-24           SECTION 17.  Section 25.1852(e), Government Code, is amended
8-25     to read as follows:
8-26           (e)  The judge may not receive any money from a law firm,
8-27     except money earned before taking office.  [The judge of a county
 9-1     court at law may not engage in the private practice of law.]
 9-2           SECTION 18.  Section 25.1862(m), Government Code, is amended
 9-3     to read as follows:
 9-4           (m)  Sections [25.0005(b),] 25.0006[,] and 25.0008 do not
 9-5     apply to a county court at law in Parker County.
 9-6           SECTION 19.  Section 25.1902(l), Government Code, is amended
 9-7     to read as follows:
 9-8           (l)  Section [Sections 25.0005(b) and] 25.0007 does [do] not
 9-9     apply to a county court at law in Potter County.
9-10           SECTION 20.  Section 25.2223(e), Government Code, is amended
9-11     to read as follows:
9-12           (e)  A judge of the County Criminal Court No. 1 or 2 of
9-13     Tarrant County shall devote his entire time to the duties of the
9-14     office of judge [and may not engage in the private practice of law.
9-15     A judge of the County Criminal Court No. 3, 4, 5, 6, 7, 8, 9, or 10
9-16     of Tarrant County may not engage in the practice of law].
9-17           SECTION 21.  Section 25.2282(d), Government Code, is amended
9-18     to read as follows:
9-19           (d)  The judge of a county court at law shall devote his
9-20     entire time to the duties of his office.  [The judge may not engage
9-21     in the private practice of law.]
9-22           SECTION 22.  Sections 26.006(a) and (b), Government Code, are
9-23     amended to read as follows:
9-24           (a)  A county judge is entitled to an annual salary
9-25     supplement from the state of $10,000 if [at least 40 percent of the
9-26     functions that] the judge performs [are] judicial functions.
9-27           (b)  To receive a supplement under Subsection (a), a county
 10-1    judge must file with the Office of Court Administration of the
 10-2    Texas Judicial System an affidavit stating that [at least 40
 10-3    percent of the functions that] the judge performs [are] judicial
 10-4    functions.  The office of court administration shall send the
 10-5    affidavit to the comptroller.
 10-6          SECTION 23.  Sections 25.0016, 25.0032(d), as added by
 10-7    Chapter 148, Acts of the 70th Legislature, Regular Session, 1987,
 10-8    25.0102(d), 25.0212(e), 25.0222(i), 25.0232(d), 25.0302(h),
 10-9    25.0312(e), 25.0332(g),  25.0392(d), 25.0482(d) and (i),
10-10    25.0522(d), 25.0722(d), 25.0742, 25.0812(f), 25.0932(i),
10-11    25.0942(c), 25.1033(f), 25.1072(i), 25.1092(e), 25.1102(l),
10-12    25.1142(e), 25.1182(i), 25.1282(d), 25.1322(e), 25.1352(h),
10-13    25.1482(d), 25.1732(d), 25.1862(d), 25.1892(d), 25.1902(g),
10-14    25.1932(c), 25.1972(d), 25.2032(c), 25.2072(c), 25.2142(e),
10-15    25.2162(d), 25.2222(h), 25.2292(e), 25.2352(d), 25.2382(d),
10-16    25.2392(d), 25.2412(d), 25.2422(d), 25.2452(f), 25.2462(c), and
10-17    25.2482(d), Government Code, are repealed.
10-18          SECTION 24.  (a)  Except as provided by Section 25 of this
10-19    Act, this Act takes effect as provided by this section.
10-20          (b)  Except as provided by Subsection (c) of this section,
10-21    this Act takes effect September 1, 2001, and applies only to a
10-22    civil case filed or to a person convicted of an offense committed
10-23    on or after that date.  For purposes of this subsection, an offense
10-24    is committed before the effective date of this Act if any element
10-25    of the offense occurs before the effective date.  A civil case
10-26    filed or a person convicted of an offense committed before
10-27    September 1, 2001, is governed by the law in effect on the date the
 11-1    case was filed or the offense was committed, and that law is
 11-2    continued in effect for that purpose.
 11-3          (c)  Sections 1, 2, and 22 of this Act take effect October 1,
 11-4    2001, and apply only to a salary payment made on or after that
 11-5    date.  A salary payment made before October 1, 2001, is governed by
 11-6    the law in effect on the date the salary payment was made, and that
 11-7    law is continued in effect for that purpose.
 11-8          SECTION 25.  This Act takes effect only if H.B. 1884, 77th
 11-9    Legislature, Regular Session, 2001, is enacted and becomes law.  If
11-10    H.B. 1884, 77th Legislature, Regular Session, 2001, is not enacted
11-11    and does not become law, this Act has no effect.