78R3427 SLO-F

By:  Hill                                                         H.B. No. 496


A BILL TO BE ENTITLED
AN ACT
relating to the payment of salaries, compensation, and expenses by counties comprising an administrative judicial region. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 74.043, Government Code, is amended by amending Subsection (c) and adding Subsections (d) and (e) to read as follows: (c) The [Except as provided by Section 74.051, the] salaries, compensation, and expenses shall be paid through the county budget process of each county in the region in proportion to the population of the counties comprising the region and in accordance with this section [and on certificates of approval of the presiding judge]. (d) Not later than the 60th day before the first day of the earliest of the fiscal years of the counties comprising an administrative region, the presiding judge of the region shall present to the commissioners courts of each county a proposed budget for the region's next fiscal year. Each county shall pay its proportion of the salaries, compensation, and expenses included in the proposed budget if the amount of the proposed budget, minus any increase attributable to an increase in the actual cost of professional liability insurance for the presiding judge or the presiding judge's salary set under Section 74.051, is the same amount as or less than the budget of the previous fiscal year. (e) A proposed budget for an administrative region that increases the region's budget over the previous fiscal year's budget, other than an increase attributable to an increase in the actual cost of professional liability insurance for the presiding judge or the presiding judge's salary set under Section 74.051, may be adopted only if the proposed budget is approved by resolution or order of the commissioners courts representing counties that collectively paid during the previous fiscal year at least 51 percent of the region's salaries, compensation, and expenses not paid by state appropriations. SECTION 2. Sections 74.061(e) and (g), Government Code, are amended to read as follows: (e) When a district, statutory probate, constitutional county, or statutory county court judge is assigned under this chapter to a court outside his own district or county, the judge, in addition to all other compensation authorized by law, is entitled to receive his actual expenses in going to and returning from his assignment and his actual living expenses while in the performance of his duties under the assignment. The county in which the duties are performed shall pay the expenses out of the general fund of the county [on accounts certified and approved by the presiding judge of the administrative region for that county]. (g) An active judge or justice of the supreme court, the court of criminal appeals, or a court of appeals assigned under this subchapter is not entitled to receive any additional compensation for serving as a visiting judge. A court of appeals justice assigned to a court outside his own court of appeals district, a justice of the supreme court, or a judge of the court of criminal appeals is entitled to receive actual expenses in going to and returning from assignment and actual living expenses while in the performance of duties under the assignment. The county in which the duties are performed shall pay the expenses out of the county's general fund [on accounts certified and approved by the presiding judge of the administrative region for that county]. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.