SRC-LBB H.B. 2592 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2592
78R9688 QS-DBy: Lewis (West, Royce)
Jurisprudence
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Currently, the salaries of most Texas judges are capped by statute and are
pegged to the salaries of other judges.  For example, the salaries of
statutory county court judges are tied to those of the district courts,
with some local variations permitted.   

In 2001, the 77th Legislature created a drug court program to facilitate a
reduction in recidivism among non-violent substance abuse offenders.  The
intent was to increase the likelihood of successful rehabilitation through
early and continuous judicially supervised treatment, mandatory testing,
and the use of appropriate sanctions.  The drug court program is funded by
a combination of federal and state resources, and the federal portion of
this funding provides for the salaries of those judges who choose to
preside over drug court proceedings.   

For district or county court judges, however, this federal funding is
irrelevant, since their salaries are capped by statute.  H.B. 2592 allows
judges who choose to preside over drug court proceedings to receive
supplemental compensation beyond their current salaries if program funding
is available and designated for that purpose.  This bill also provides
that this supplemental compensation is not to be considered as part of a
district judge's total annual salary for the purpose of computing another
salary that is based on that salary.   


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 Subchapter A, Chapter 24, Government Code, by adding
Section 24.023, as follows: 

Sec. 24.023.  ADDITIONAL DUTIES OF DISTRICT JUDGE.  Authorizes a district
judge, in addition to a district judge's official duties, to preside over
a proceeding in a drug court program established under Chapter 469, Health
and Safety Code. 

SECTION 2.  Amends Subchapter A, Chapter 25, Government Code, by adding
Section 25.0019, as follows: 

Sec. 25.0019.  ADDITIONAL DUTIES.  (a)  Authorizes a judge of a statutory
county court to preside over a proceeding in a drug court program
established under Chapter 469, Health and Safety Code, in addition to the
judge's official duties. 

(b)  Authorizes a judge of a statutory county court who presides over a
proceeding in a drug court program to receive reasonable supplemental
compensation in addition to any salary authorized by law if program
funding is available and designated for that purpose, notwithstanding any
other law. 

SECTION 3.  Amends Subchapter B, Chapter 32, Government Code, by adding
Section 32.301, as follows: 
 Sec. 32.301.  SUPPLEMENTAL COMPENSATION:  DRUG COURT PROGRAM.  (a)
Authorizes a district judge who presides over a proceeding in a drug court
program as authorized by Section 24.023 to receive reasonable supplemental
compensation in addition to any salary authorized by law if program
funding is available and designated for that purpose, notwithstanding
Section 659.012 or any other law. 

(b)  Provides that, notwithstanding any other law, supplemental
compensation paid to a district judge under this section is not included
as part of the district judge's total annual salary for purposes of
computing another salary that is based on the salary of the district
judge. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.