79R4856 RMB-D
By: Dutton H.B. No. 1180
A BILL TO BE ENTITLED
AN ACT
relating to the salaries of state judges.
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 that is at least $107,000 [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 sum of the annual state salary paid to a
district judge and the average of the county supplements under
Chapter 32 that the district judges in Bexar, Dallas, Harris,
Tarrant, and Travis Counties are entitled to receive [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 may not exceed the amount that is
$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 sum of the annual state salary paid to
a district judge and the average of the county supplements under
Chapter 32 that the district judges in Bexar, Dallas, Harris,
Tarrant, and Travis Counties are entitled to receive; 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 $2,000 [$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 $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) Not later than January 1 of each odd-numbered year, the
commissioners courts of Bexar, Dallas, Harris, Tarrant, and Travis
Counties shall:
(1) prepare a written report of the amount of the
annual supplemental salary to which the judges of the district
courts having jurisdiction in the respective county are entitled
under Chapter 32 for the county's current fiscal year; and
(2) submit the report to 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 state appropriations.
(c) For purposes of computing the salary of a justice or
judge under Subsection (a)(2) or (3) for a state fiscal biennium,
the amounts of the county supplements reported under Subsection (b)
on January 1 of the year in which the biennium begins must be used
[To the extent of any conflict, the salary differential provided by
this section for the combined salary of a district judge prevails
over any differential set by Chapter 32].
(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 (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 differentials provided by this section are
maintained. If a salary combined with a county supplement would be
in excess of the differential provided by this section, the
comptroller shall reduce the state salary by the amount of the
excess.
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 32.043(a), Government Code, is amended
to read as follows:
(a) The [Notwithstanding Section 659.012, the]
Commissioners Court of Collin County may budget for and pay the
judges of the district courts having jurisdiction in the county an
annual salary set by the commissioners court for services rendered
and for performing administrative services.
SECTION 4. Section 32.070(a), Government Code, is amended
to read as follows:
(a) The [Notwithstanding Section 659.012, the]
Commissioners Court of Ellis County may budget for and pay the
judges of the district courts having jurisdiction in the county an
annual salary paid by the commissioners court for services rendered
and for performing administrative duties.
SECTION 5. Section 32.101(a), Government Code, is amended
to read as follows:
(a) The [Notwithstanding Section 659.012, the]
Commissioners Court of Harris County may budget for and pay the
judges of the district courts having jurisdiction in that county an
annual salary of not less than $12,000 nor more than $25,000 [in an
amount set by the commissioners court] for judicial and
administrative services.
SECTION 6. Section 32.109(a), Government Code, is amended
to read as follows:
(a) The [Notwithstanding Section 659.012, the]
Commissioners Court of Hill County may budget for and pay the judges
of the district courts having jurisdiction in the county an annual
salary paid by the commissioners court for services rendered and
for performing administrative duties.
SECTION 7. Section 32.220(a), Government Code, is amended
to read as follows:
(a) The [Notwithstanding Section 659.012, the]
Commissioners Court of Tarrant County may budget and pay the judges
of the district courts and criminal district courts having
jurisdiction only in that county an annual salary of $8,000 [in an
amount set by the commissioners court] for services rendered and
for administrative duties.
SECTION 8. Section 32.227(a), Government Code, is amended
to read as follows:
(a) The [Notwithstanding Section 659.012, the]
Commissioners Court of Travis County may pay the judges of the
district courts having jurisdiction in the county an annual salary
in an amount set by the commissioners court for services rendered
and for performing administrative duties.
SECTION 9. Section 32.246(a), Government Code, is amended
to read as follows:
(a) The [Notwithstanding Section 659.012, the]
Commissioners Court of Williamson County may budget for and pay the
judges of the district courts having jurisdiction in the county an
annual salary paid by the commissioners court for services rendered
and for performing administrative duties.
SECTION 10. 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 32.070(c), 32.109(c), and 32.246(c),
Government Code.
SECTION 11. Not later than January 1, 2007, the
commissioners courts of Bexar, Dallas, Harris, Tarrant, and Travis
Counties shall submit the initial report required by Section
659.012(b), Government Code, as amended by this Act, to 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 state appropriations.
SECTION 12. This Act takes effect September 1, 2005.