79(1) HB 12 - House Committee Report version


                                                                                
79S10227 E


By:  Hartnett, Luna                                               H.B. No. 12 

Substitute the following for H.B. No. 12:                                     

By:  Hartnett                                                 C.S.H.B. No. 12 



A BILL TO BE ENTITLED

AN ACT

relating to the compensation of state judges and county judges, to 
the computation of retirement benefits for state judges and for 
members of the elected class of the Employees Retirement System of 
Texas, and to providing funds for court-related purposes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 659.012, Government Code, is amended to 
read as follows: 
	Sec. 659.012.  JUDICIAL SALARIES.  (a)  Notwithstanding 
Section 659.011:     
		(1)  a judge of a district court is entitled to an 
annual salary from the state of at least $125,000, except that the 
combined salary of a district judge from state and county sources, 
including compensation for any extrajudicial services performed on 
behalf of the county, may not exceed the amount that is $5,000 less 
than the salary provided for a justice of a court of appeals other 
than a chief justice [justice of the supreme court is entitled to an 
annual salary from the state that is at least $102,463];
		(2)  a justice of a court of appeals other than the 
chief justice is entitled to an annual salary from the state that is 
equal to 110 percent of the salary of a district judge [five percent 
less than the salary provided by the General Appropriations Act for 
a justice of the supreme court], except that the combined salary of 
a justice of the court of appeals other than the chief justice from 
all state and county sources, including compensation for any 
extrajudicial services performed on behalf of the county, may not 
exceed the amount that is $5,000 [$1,000] less than the salary 
provided for a justice of the supreme court;
		(3)  a justice of the supreme court other than the chief 
justice or a judge of the court of criminal appeals other than the 
presiding judge is entitled to an annual salary from the state that 
is equal to 120 percent of the salary of a district judge; and
		(4)  the chief justice or presiding judge of an 
appellate [a] court [of appeals] is entitled to an annual salary 
from the state that is $2,500 more than the salary provided for the 
other justices or judges of the court [of appeals], except that the 
combined salary of the chief justice of a court of appeals may not 
exceed the amount that is $2,500 [$500] less than the salary 
provided for a justice of the supreme court[; and
		[(4)  a judge of a district court is entitled to an 
annual salary from the state that is 10 percent less than the salary 
provided in the General Appropriations Act for a justice of the 
supreme court, except that unless otherwise provided by law, the 
combined salary of a district judge from state and county sources 
may not exceed the amount that is $2,000 less than the salary 
provided for a justice of the supreme court].
	(b)  To the extent of any conflict, the salary limitations
[differential] provided by this section for the combined salary of 
a state [district] judge or justice from state and local sources
prevails over any provision of Chapter 31 or [differential set by 
Chapter] 32 that authorizes the payment of additional compensation 
to a state judge or justice.
	(d)  In a county with more than five district courts, a 
district judge who serves as a local administrative district judge 
under Section 74.091 is entitled to an annual salary from the state 
that is $5,000 more than the salary from the state to which the 
judge is otherwise entitled under Subsection (a)(1) [(c)].
	(e)  For the purpose of salary payments by the state, the 
comptroller shall determine from sworn statements filed by the 
justices of the courts of appeals and district judges that the 
required salary limitations [differentials] provided by this 
section are maintained.  If a salary combined with additional 
compensation from a county [supplement] would be in excess of the 
limitations [differential] provided by this section, the 
comptroller shall reduce the state salary by the amount of the 
excess.
	SECTION 2.  Section 26.006(a), Government Code, is amended 
to read as follows:
	(a)  A county judge is entitled to an annual salary 
supplement from the state of $15,000 [$10,000] if at least 40 
percent of the functions that the judge performs are judicial 
functions.
	SECTION 3.  Section 31.001, Government Code, is amended to 
read as follows:  
	Sec. 31.001.  AUTHORITY FOR COUNTY PAYMENT OF COMPENSATION.  
The commissioners courts in the counties of each of the 14 courts of 
appeals districts may pay additional compensation in an amount that 
does not [to] exceed the limitations of Section 659.012 [$15,000 a 
year] to each of the justices of the courts of appeals residing 
within the court of appeals district that includes those counties.  
The compensation [payment] is for all extrajudicial [judicial and 
administrative] services performed by the justices.
	SECTION 4.  The heading to Chapter 32, Government Code, is 
amended to read as follows:

CHAPTER 32.  ADDITIONAL [SUPPLEMENTAL] COMPENSATION OF DISTRICT 
JUDGES [FOR CERTAIN DUTIES]
	SECTION 5.  The heading to Subchapter A, Chapter 32, 
Government Code, is amended to read as follows:

SUBCHAPTER A.  ADDITIONAL COMPENSATION [SUPPLEMENTAL SALARY] PAID 
BY COUNTY FOR EXTRAJUDICIAL SERVICES
	SECTION 6.  Section 32.001, Government Code, is amended to 
read as follows:  
	Sec. 32.001.  AUTHORITY FOR ADDITIONAL COMPENSATION
[ANDERSON COUNTY].  (a)  The commissioners court of a county
[Commissioners Court of Anderson County] may pay the judges of the 
district courts having jurisdiction in the county additional 
compensation in an amount that does not exceed the limitations of 
Section 659.012 for extrajudicial [an annual salary not to exceed 
$1,200 for judicial and administrative] services performed by the 
district judges.
	(b)  The compensation [salary] shall be paid in monthly 
installments from the county general fund or other available funds 
of the county.
	(c)  The compensation [salary] is in addition to the salary 
paid by the state and any other compensation authorized by law.
	[(d)  The aggregate amount of $2,900 is the maximum 
supplemental salary that may be paid under this subchapter to a 
judge of a district court having jurisdiction in Anderson County 
from all counties that comprise a part of a judicial district 
consisting of not less than four counties, of which two of those 
counties have two or more district courts.]
	SECTION 7.  Section 152.0003, Human Resources Code, is 
amended to read as follows:
	Sec. 152.0003.  COMPENSATION.  The compensation authorized 
under this chapter for a judge serving on a juvenile board is in 
addition to all other compensation provided or allowed by law for a 
judge.  Notwithstanding any other law, the combined salary from all 
state and local sources of a district judge serving on a juvenile 
board may not exceed an amount that is $5,000 less than the salary 
provided by the state for a justice of a court of appeals other than 
the chief justice.
	SECTION 8.  Subchapter C, Chapter 72, Government Code, is 
amended by adding Section 72.030 to read as follows:
	Sec. 72.030.  COLLECTION OF DATA RELATING TO JUDICIAL 
TURNOVER.  (a)  The office biennially shall collect data relating 
to:
		(1)  the rate at which state judges resign from office 
or do not seek reelection; and
		(2)  the reason for action under Subdivision (1).                      
	(b)  Not later than December 1 of each even-numbered year, 
the office shall file a report containing the data collected under 
Subsection (a) for the preceding state fiscal biennium with the 
governor, the lieutenant governor, the speaker of the house of 
representatives, and the presiding officers of the standing 
committees of each house of the legislature with jurisdiction over 
the judiciary or appropriations.
	(c)  The report filed under Subsection (b) must include the 
following findings:
		(1)  whether the compensation of state judges exceeds, 
is equal to, or is less than the compensation of judges at 
corresponding levels in the five states closest in population to 
this state; and
		(2)  whether the compensation of state judges exceeds, 
is equal to, or is less than the average salary of lawyers engaged 
in the private practice of law, using data collected by the state 
bar under Section 81.116.
	(d)  The purpose of filing the report with the legislature is 
to provide the legislature with information to facilitate 
legislation that ensures that the compensation of state judges is 
adequate and appropriate.
	SECTION 9.  Subchapter H, Chapter 81, Government Code, is 
amended by adding Section 81.116 to read as follows:
	Sec. 81.116.  COLLECTION OF DATA RELATING TO ATTORNEY 
COMPENSATION.  (a)  The state bar shall biennially collect data 
relating to the compensation of lawyers engaged in the private 
practice of law.
	(b)  Not later than December 1 of each even-numbered year, 
the state bar shall file a report containing the data collected 
under Subsection (a) for the preceding state fiscal biennium with 
the governor, the lieutenant governor, the speaker of the house of 
representatives, and the presiding officers of the standing 
committees of each house of the legislature with jurisdiction over 
the judiciary or appropriations.
	SECTION 10.  Section 814.103, Government Code, is amended to 
read as follows:
	Sec. 814.103.  SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS 
SERVICE.  (a)  Except as provided by Subsection (b), the standard 
service retirement annuity for service credited in the elected 
class of membership is an amount equal to the number of years of 
service credit in that class, times 2.3 [two] percent of the state 
salary, as adjusted from time to time, being paid a district judge.
	(b)  The standard service retirement annuity for service 
credited in the elected class may not exceed at any time 100 percent 
of the state salary being paid a district judge.
	SECTION 11.  Section 133.003, Local Government Code, is 
amended to conform to Senate Bill No. 1704, Acts of the 79th 
Legislature, Regular Session, 2005, and amended to read as follows:
	Sec. 133.003.  CRIMINAL FEES.  This chapter applies to the 
following criminal fees:
		(1)  the consolidated fee imposed under Section 
133.102;                    
		(2)  the time payment fee imposed under Section 
133.103;                    
		(3)  fees for services of peace officers employed by 
the state imposed under Article 102.011, Code of Criminal 
Procedure, and forwarded to the comptroller as provided by Section 
133.104;
		(4)  costs on conviction imposed in certain statutory 
county courts under Section 51.702, Government Code, and deposited 
in the judicial fund;
		(5)  costs on conviction imposed in certain county 
courts under Section 51.703, Government Code, and deposited in the 
judicial fund;
		(6)  the administrative fee for failure to appear or 
failure to pay or satisfy a judgment imposed under Section 706.006, 
Transportation Code; [and]
		(7)  fines on conviction imposed under Section 
621.506(g), Transportation Code;
		(8)  the fee imposed under Article 102.0045, Code of 
Criminal Procedure; and
		(9)  the cost on conviction imposed under Section 
133.105 and deposited in the judicial fund.
	SECTION 12.  Section 133.004, Local Government Code, is 
amended to read as follows:
	Sec. 133.004.  CIVIL FEES.  This chapter applies to the 
following civil fees:
		(1)  the consolidated fee on filing in district court 
imposed under Section 133.151;
		(2)  the filing fee in district court for basic civil 
legal services for indigents imposed under Section 133.152;
		(3)  the filing fee in courts other than district court 
for basic civil legal services for indigents imposed under Section 
133.153;
		(4)  the filing fees for the judicial fund imposed in 
certain statutory county courts under Section 51.702, Government 
Code;
		(5)  the filing fees for the judicial fund imposed in 
certain county courts under Section 51.703, Government Code;
		(6)  the filing fees for the judicial fund imposed in 
certain statutory probate courts under Section 51.704, Government 
Code;
		(7)  fees collected under Section 118.015;                                    
		(8)  marriage license fees for the family trust fund 
collected under Section 118.018; [and]
		(9)  marriage license or declaration of informal 
marriage fees for the child abuse and neglect prevention trust fund 
account collected under Section 118.022; and
		(10)  the filing fee for the judicial fund imposed in 
district court, statutory county court, and county court under 
Section 133.154.
	SECTION 13.  Subchapter C, Chapter 133, Local Government 
Code, is amended by adding Section 133.105 to read as follows:
	Sec. 133.105.  FEE FOR SUPPORT OF COURT–RELATED PURPOSES.  
(a)  A person convicted of any offense, other than an offense 
relating to a pedestrian or the parking of a motor vehicle, shall 
pay as a court cost, in addition to all other costs, a fee of $4 to 
be used for court–related purposes for the support of the 
judiciary.
	(b)  The treasurer shall deposit 60 cents of each fee 
collected under this section in the general fund of the 
municipality or county to promote the efficient operation of the 
municipal or county courts and the investigation, prosecution, and 
enforcement of offenses that are within the jurisdiction of the 
courts.
	(c)  The treasurer shall remit the remainder of the fees 
collected under this section to the comptroller in the manner 
provided by Subchapter B.  The comptroller shall deposit the fees in 
the judicial fund.
	SECTION 14.  Subchapter D, Chapter 133, Local Government 
Code, is amended by adding Section 133.154 to read as follows:
	Sec. 133.154.  ADDITIONAL FILING FEE IN DISTRICT COURT, 
STATUTORY COUNTY COURT, OR COUNTY COURT FOR SUPPORT OF JUDICIARY.  
(a)  In addition to other fees authorized or required by law, the 
clerk of a district court, statutory county court, or county court 
shall collect a fee of $37 on the filing of any civil suit to be used 
for court-related purposes for the support of the judiciary.
	(b)  The treasurer shall remit the fees collected under this 
section to the comptroller in the manner provided by Subchapter B.  
The comptroller shall deposit the fees in the judicial fund.
	SECTION 15.  Subchapter D, Chapter 101, Government Code, is 
amended by adding Section 101.062 to read as follows:
	Sec. 101.062.  DISTRICT COURT FEES:  ADDITIONAL FILING FEE 
FOR SUPPORT OF JUDICIARY.  The clerk of a district court shall 
collect on the filing of a civil suit an additional filing fee of 
$37 under Section 133.154, Local Government Code, to be used for 
court-related purposes for the support of the judiciary.
	SECTION 16.  Subchapter E, Chapter 101, Government Code, is 
amended by adding Section 101.083 to read as follows:
	Sec. 101.083.  STATUTORY COUNTY COURT FEES:  ADDITIONAL 
FILING FEE FOR SUPPORT OF JUDICIARY.  The clerk of a statutory 
county court shall collect on the filing of a civil suit an 
additional filing fee of $37 under Section 133.154, Local 
Government Code, to be used for court-related purposes for the 
support of the judiciary.
	SECTION 17.  Subchapter G, Chapter 101, Government Code, is 
amended by adding Section 101.123 to read as follows:
	Sec. 101.123.  COUNTY COURT FEES:  ADDITIONAL FILING FEE FOR 
SUPPORT OF JUDICIARY.  The clerk of a county court shall collect on 
the filing of a civil suit an additional filing fee of $37 under 
Section 133.154, Local Government Code, to be used for 
court-related purposes for the support of the judiciary.
	SECTION 18.  Subchapter B, Chapter 102, Government Code, is 
amended by adding Section 102.022 to read as follows:
	Sec. 102.022.  COURT COST ON CONVICTION FOR SUPPORT OF 
JUDICIARY.  A person convicted of any offense, other than an offense 
relating to a pedestrian or the parking of a motor vehicle, shall 
pay a cost on conviction of $4 under Section 133.105, Local 
Government Code.
	SECTION 19.  Section 51.607, Government Code, does not apply 
to court costs or fees imposed under this Act.
	SECTION 20.  The following laws are repealed:                                  
		(1)  Section 2, Chapter 100, Acts of the 78th 
Legislature, Regular Session, 2003;
		(2)  Section 4, Chapter 62, Acts of the 78th 
Legislature, Regular Session, 2003;
		(3)  Sections 2 and 4, Chapter 675, Acts of the 78th 
Legislature, Regular Session, 2003; and
		(4)  Sections 32.002 through 32.253 and 659.0125, 
Government Code.          
	SECTION 21.  (a)  Not later than January 1, 2006, the Office 
of Court Administration of the Texas Judicial System shall begin 
collecting the data required by Section 72.030, Government Code, as 
added by this Act.
	(b)  Not later than January 1, 2006, the State Bar of Texas 
shall begin collecting the data required by Section 81.116, 
Government Code, as added by this Act.
	SECTION 22.  (a)  Section 814.103, Government Code, as 
amended by this Act, applies only to an annuity payment made on or 
after November 1, 2005.
	(b)  The Employees Retirement System of Texas shall 
recompute an annuity that first became payable before November 1, 
2005, as though Section 814.103, Government Code, as amended by 
this Act, was in effect on the date the annuity first became 
payable.
	(c)  The first payment of the recomputed annuity is payable 
on the first payment date occurring on or after November 1, 2005.
	SECTION 23.  For purposes of determining the salary of a 
county official that is based on the salary paid to a district judge 
by the state, the changes in law made by this Act take effect 
November 1, 2005, and apply only to a salary payment made on or 
after that date.  A salary payment made before November 1, 2005, is 
governed by the law in effect on the date the salary payment was 
made, and that law is continued in effect for that purpose.
	SECTION 24.  The imposition of a cost of court under Section 
133.105, Local Government Code, as added by this Act, applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 25.  On November 1, 2005, the Employees Retirement 
System of Texas shall recompute under Section 839.102, Government 
Code, as amended by H.B. No. 1114, Acts of the 79th Legislature, 
Regular Session, 2005, the annuities of persons who have retired, 
or the annuities of beneficiaries of persons who have died, as if 
the persons had retired or died under the lesser of the salary 
provisions of Subtitle E, Title 8, Government Code, or the salary 
provisions of S.B. No. 1, Acts of the 79th Legislature, Regular 
Session, 2005 (the General Appropriations Act).  The first payment 
of the recomputed annuities becomes payable on the first date a 
payment becomes due after the effective date of this Act.
	SECTION 26.  This Act takes effect November 1, 2005.