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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Judicial Compensation Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Government Code, is amended |
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by adding Chapter 35 to read as follows: |
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CHAPTER 35. JUDICIAL COMPENSATION COMMISSION |
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SUBCHAPTER A. ORGANIZATION |
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Sec. 35.001. DEFINITION. In this chapter, "commission" |
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means the Judicial Compensation Commission. |
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Sec. 35.002. MEMBERSHIP; TERMS. The commission consists of |
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nine members appointed by the governor with the advice and consent |
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of the senate. Members serve for staggered terms of six years with |
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the terms of three members expiring February 1 of each odd-numbered |
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year. |
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Sec. 35.003. VACANCY. In the event of a vacancy, the |
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governor shall appoint a replacement to fill the unexpired portion |
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of the term. |
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Sec. 35.004. PRESIDING OFFICER. The governor shall |
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designate a member of the commission as the presiding officer of the |
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commission to serve in that capacity at the will of the governor. |
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The presiding officer may vote on all matters before the |
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commission. |
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Sec. 35.005. QUALIFICATIONS. (a) Each member must be a |
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registered voter of the state. |
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(b) A member of the commission may not hold any other public |
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office or be an employee of any state department, agency, board, or |
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commission during the member's tenure on the commission. |
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(c) A person may not be a member of the commission or act as |
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the general counsel to the commission if the person is required to |
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register as a lobbyist under Chapter 305 because of the person's |
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activities for compensation on behalf of a profession related to |
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the operation of the commission. |
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(d) Appointments to the commission shall be made without |
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regard to the race, color, disability, sex, religion, age, or |
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national origin of the appointees. |
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Sec. 35.006. REMOVAL. (a) It is a ground for removal from |
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the commission that a member: |
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(1) does not have at the time of appointment the |
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qualification required by Section 35.005(a); |
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(2) does not maintain during service on the commission |
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the qualification required by Section 35.005(a); |
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(3) violates the prohibition established by Section |
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35.005(b); |
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(4) is ineligible for membership under Section |
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35.005(c); |
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(5) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(6) is absent from more than half of the regularly |
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scheduled meetings that the member is eligible to attend during a |
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calendar year without an excuse approved by a majority vote of the |
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commission. |
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(b) The validity of an action of the commission is not |
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affected by the fact that it is taken when a ground for removal of a |
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commission member exists. |
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Sec. 35.007. ADMINISTRATIVE SUPPORT. (a) The Office of |
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Court Administration of the Texas Judicial System shall provide |
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administrative support for the commission. The commission is |
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entitled to receive staff support, meeting facilities, temporary |
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work facilities, including computer, telephone, reproduction, and |
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facsimile equipment, available data, and other resources from the |
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Office of Court Administration as necessary to carry out the |
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commission's powers and duties. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall grant all reasonable requests for staff support and |
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resources under this section. |
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Sec. 35.008. COMPENSATION AND REIMBURSEMENT. (a) A member |
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of the commission may not receive compensation for the member's |
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service on the commission. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall reimburse a member for all actual and reasonable |
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expenses incurred in the exercise of powers and performance of |
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duties under this chapter. |
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(c) A member shall follow the reimbursement procedures of |
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the Office of Court Administration of the Texas Judicial System. |
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[Sections 35.009-35.100 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 35.101. MEETINGS. The commission shall meet at the |
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call of the presiding officer or at the request of a majority of the |
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members. |
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Sec. 35.102. BIENNIAL REPORTS. (a) Not later than |
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December 1 of each even-numbered year, the commission shall make a |
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biennial report to the legislature. In the report, the commission |
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shall recommend the proper salaries to be paid by the state for all |
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justices and judges of the supreme court, the court of criminal |
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appeals, the courts of appeals, and the district courts. |
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(b) In recommending the proper salaries for all justices and |
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judges of the supreme court, the court of criminal appeals, the |
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courts of appeals, and the district courts, the commission shall |
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consider the following factors: |
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(1) the skill and experience required of the |
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particular judgeship at issue; |
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(2) the time required of the particular judgeship at |
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issue; |
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(3) the value of compensable service performed by |
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justices and judges, as determined by reference to judicial |
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compensation in other states and the federal government; |
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(4) the value of comparable service performed in the |
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private sector, including private judging, arbitration, and |
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mediation; |
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(5) the compensation of attorneys in the private |
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sector; |
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(6) the cost of living and changes in the cost of |
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living; |
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(7) the compensation from the state presently received |
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by other public officials in the state, including: |
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(A) state constitutional officeholders; |
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(B) deans, presidents, and chancellors of the |
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public university systems; |
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(C) district attorneys; and |
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(D) chiefs of police, county attorneys, and city |
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attorneys in major metropolitan areas for which that information is |
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readily available; |
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(8) other factors that are normally or traditionally |
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taken into consideration in the determination of judicial |
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compensation; and |
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(9) most importantly, the level of overall |
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compensation adequate to attract the most highly qualified |
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individuals in the state, from a diversity of life and professional |
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experiences, to serve in the judiciary without unreasonable |
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economic hardship and with judicial independence unaffected by |
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financial concerns. |
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SECTION 2. In appointing the initial members of the |
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Judicial Compensation Commission, the governor shall appoint three |
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persons to terms expiring February 1, 2009, three persons to terms |
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expiring February 1, 2011, and three persons to terms expiring |
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February 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2007. |