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79S10044 RMB-D
By: Ellis S.B. No. 36
A BILL TO BE ENTITLED
AN ACT
relating to the compensation of state judges and to providing funds
for other court-related purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (d), Section 659.012,
Government Code, are amended to read as follows:
(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].
(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)].
SECTION 2. Section 659.0125, Government Code, is amended to
read as follows:
Sec. 659.0125. SALARY FOR LOCAL ADMINISTRATIVE JUDGE. In a
county with more than six 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 Section 659.012 [659.012(c)].
SECTION 3. 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 of a
district judge serving on a juvenile board may not exceed an amount
that is $5,000 less than the combined salary provided for a justice
of a court of appeals other than the chief justice.
SECTION 4. 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
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 the report under this section is to
provide the legislature with information to facilitate legislation
that ensures that the compensation of state judges is adequate and
appropriate.
SECTION 5. 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 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 6. 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.
SECTION 7. 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 imposed in district court,
statutory county court, and county court under Section 133.154.
SECTION 8. 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 $7 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 to promote the efficient operation of the municipal
court and the investigation, prosecution, and enforcement of
municipal and state offenses that are within the jurisdiction of
the municipal court.
(c) The treasurer shall remit $3 of each fee collected under
this section to the comptroller for deposit in the fair defense
account.
(d) The treasurer shall remit the remainder of the fees
collected under this section to the comptroller in the manner
provided by Subchapter B.
SECTION 9. 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.
SECTION 10. 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 11. 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 12. 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 13. 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 $7 under Section 133.105, Local
Government Code.
SECTION 14. Section 51.607, Government Code, does not apply
to court costs or fees imposed under this Act.
SECTION 15. (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 16. 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 on the 91st day after the last day of
the legislative session.