C.S.H.B. 2592 78(R)    BILL ANALYSIS


C.S.H.B. 2592
By: Lewis
Judicial Affairs
Committee Report (Substituted)



BACKGROUND 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.  C.S.H.B. 2592
allows judges who choose to preside over drug court proceedings to receive
supplemental compensation beyond their current salary if program funding
is available and designated for that purpose.  In order to prevent this
supplemental compensation from cascading into a salary increase for other
judges, the bill also provides that this supplemental compensation is not
to be considered as part of a judge's total annual salary for the purpose
of computing another salary that is based on that salary.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 2592 amends the Government Code to provide that in addition to
the judge's official duties, a district judge or a statutory county court
judge may preside over a proceeding in a drug court program established by
the Health and Safety Code.  The bill also provides that notwithstanding
any other law, the district judges and statutory county court judges who
preside over drug court proceedings may receive reasonable supplemental
compensation in addition to any salary authorized by law if program
funding is available and designated for that purpose.   

The bill also 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 the purposes of
computing another salary that is based on the salary of the district
judge.  

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003.   

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds the words "in addition to any salary authorized by
law" to the provisions authorizing supplemental compensation for district
and statutory county court judges, and adds the words "notwithstanding any
other law" to the provision authorizing supplemental compensation for
statutory county court judges.