79R8188 KLA-D
By: Van Arsdale H.B. No. 1749
A BILL TO BE ENTITLED
AN ACT
relating to an additional filing fee to provide supplemental
compensation to the justices of the Texas Supreme Court and courts
of appeals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Government Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. ADDITIONAL FILING FEE FOR JUDICIAL
COMPENSATION FUND
Sec. 51.1001. ADDITIONAL FILING FEE IN DISTRICT COURTS FOR
JUDICIAL COMPENSATION. (a) In addition to other fees authorized or
required by law, the clerk of a district court shall collect a $5
fee on the filing of any civil action or proceeding requiring a
filing fee, including an appeal, and on the filing of any
counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee.
(b) Court fees under this section shall be collected in the
same manner as other fees, fines, or costs in the case.
(c) The clerk shall send the fees collected under this
section to the comptroller not later than the last day of the month
following each calendar quarter.
(d) The comptroller shall deposit the fees received under
this section to the credit of the judicial compensation fund.
Sec. 51.1002. JUDICIAL COMPENSATION FUND. (a) The
judicial compensation fund is a special fund held by the
comptroller outside the state treasury and is not subject to
legislative appropriation. The fund is composed of fees deposited
under Section 51.1001 and interest and dividends earned on
investments of money in the fund.
(b) The comptroller shall manage and invest money in the
fund, subject to the requirement that the principal amounts
credited to the fund during a calendar year and all interest and
dividends earned on those amounts during the calendar year must be
available for disbursement under Section 51.1003 not later than
January 31 of the following year.
Sec. 51.1003. SUPPLEMENTAL COMPENSATION FOR CERTAIN
JUSTICES; REMAINDER OF JUDICIAL COMPENSATION FUND. (a) Not later
than January 31 of each year, the comptroller shall:
(1) determine the balance of the judicial compensation
fund under Section 51.1002, including interest and dividends earned
on investments of money in the fund, as of December 31 of the
preceding year;
(2) determine, in accordance with Subsections (b) and
(d), the amounts to be disbursed from the fund; and
(3) disburse the appropriate amounts to the persons or
agency entitled to those amounts.
(b) Subject to Subsection (d), the fund balance determined
under Subsection (a)(1) shall be disbursed as follows:
(1) each supreme court justice is entitled to receive
as supplemental compensation the lesser of:
(A) a per capita share of the fund balance; or
(B) $50,000;
(2) if the fund balance exceeds the sum of the amounts
to be disbursed to the supreme court justices under Subdivision (1)
and Subsection (d), if applicable, the justices of the courts of
appeals are each entitled to receive as supplemental compensation
the lesser of:
(A) a per capita share of the difference between:
(i) the fund balance; and
(ii) the sum of the amounts to be disbursed
under Subdivision (1) and Subsection (d), if applicable; or
(B) $25,000; and
(3) if the fund balance exceeds the sum of the amounts
to be disbursed under Subdivisions (1) and (2) and Subsection (d),
if applicable, the Office of Court Administration of the Texas
Judicial System is entitled to the difference between:
(A) the fund balance; and
(B) the sum of the amounts to be disbursed under
Subdivisions (1) and (2) and Subsection (d), if applicable.
(c) The total number of seats on the supreme court shall be
used for purposes of computing a per capita share under Subsection
(b)(1), regardless of whether a seat was vacant at any time during
the calendar year for which the fund balance is computed. The total
number of seats on all courts of appeals on December 31 of the
calendar year for which the fund balance is computed shall be used
for purposes of computing a per capita share under Subsection
(b)(2), regardless of whether a seat was vacant at any time during
that year or an additional seat was created during that year.
(d) A justice of the supreme court or a court of appeals is
entitled to the amount determined under Subsection (b)(1) or (2),
as applicable, only if the justice served on the applicable court
for the entire calendar year for which the fund balance is computed.
If the justice did not serve for the entire calendar year, the
justice is entitled to receive as supplemental compensation an
amount determined by the following formula:
PSC = (FSC/12) X MS
where:
"PSC" is the prorated amount of supplemental compensation to
which a justice who did not serve for the entire calendar year is
entitled;
"FSC" is the amount to which a justice who did not serve for
the entire calendar year would be entitled under Subsection (b)(1)
or (2), as applicable, if the justice served for the entire calendar
year; and
"MS" is the number of months during the calendar year for
which the fund balance is computed that were served by the justice
who did not serve for the entire calendar year, rounded to the
nearest whole number of months.
(e) In disbursing supplemental compensation to a justice of
the supreme court or court of appeals, the comptroller shall
withhold money from the supplemental compensation in accordance
with applicable federal law, including federal law relating to
withholding for purposes of the federal income tax.
(f) The Office of Court Administration of the Texas Judicial
System may use amounts disbursed to the office under this section
only for court-related purposes.
(g) The supplemental compensation disbursed to a justice of
the supreme court or court of appeals under this section is:
(1) in addition to the justice's salary set by the
legislature and any other supplements to which the justice is
entitled; and
(2) not included in the justice's state salary for
purposes of computing benefits under Chapter 834 for the Judicial
Retirement System of Texas Plan One or Chapter 839 for the Judicial
Retirement System of Texas Plan Two.
Sec. 51.1004. RULES. The comptroller shall adopt rules and
procedures for administering the judicial compensation fund under
Section 51.1002, including rules and procedures for:
(1) disbursing supplemental compensation from the
fund to the justices of the supreme court and courts of appeals; and
(2) withholding money from the supplemental
compensation as required by Section 51.1003(e).
SECTION 2. Subchapter D, Chapter 101, Government Code, is
amended by adding Section 101.063 to read as follows:
Sec. 101.063. DISTRICT COURT FEES: ADDITIONAL FEE FOR
JUDICIAL COMPENSATION FUND. The clerk of a district court shall
collect on the filing of any civil action or proceeding requiring a
filing fee, including an appeal, and on the filing of any
counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, an additional filing fee
of $5 under Section 51.1001 to fund the judicial compensation fund.
SECTION 3. Section 51.1001, Government Code, as added by
this Act, applies only to a suit filed on or after the effective
date of this Act. A suit filed before the effective date of this Act
is governed by the law in effect on the date the suit was filed, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.