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.