By: Duncan S.B. No. 11
(In the Senate - Filed June 20, 2005; June 21, 2005, read
first time and referred to Committee on State Affairs;
June 30, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 1; June 30, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 11 By: Duncan
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. Subsection (a), Section 26.006, 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 county or
municipality, as appropriate, 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. 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 23. 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 24. (a) On November 1, 2005, the Employees
Retirement System of Texas shall recompute the annuities of persons
who retired before that date under Section 839.102 or 839.103,
Government Code, whether payable on November 1 to the retiree or a
beneficiary, as if the state salary provisions applicable on
November 1 to judges of the same classification as the last court to
which the retiree was elected or appointed had been in effect on the
date of retirement. On November 1, 2005, the retirement system also
shall recompute the annuities of beneficiaries receiving an annuity
that became payable before that date under Section 839.301 or
839.302, Government Code, in the same manner.
(b) The first payment of an annuity recomputed under this
section becomes payable on the first date a payment of the annuity
becomes payable after the effective date of this Act.
SECTION 25. This Act takes effect November 1, 2005.
* * * * *