82R12075 CAE-D
 
  By: Ogden S.B. No. 1582
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state fiscal matters related to the judiciary.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  REDUCTION OF EXPENDITURES AND IMPOSITION
  OF CHARGES GENERALLY
         SECTION 1.01.  This article applies to any state agency that
  receives an appropriation under Article IV of the General
  Appropriations Act.
         SECTION 1.02.  Notwithstanding any other statute of this
  state, each state agency to which this article applies is
  authorized to reduce or recover expenditures by:
               (1)  consolidating any reports or publications the
  agency is required to make and filing or delivering any of those
  reports or publications exclusively by electronic means;
               (2)  extending the effective period of any license,
  permit, or registration the agency grants or administers;
               (3)  entering into a contract with another governmental
  entity or with a private vendor to carry out any of the agency's
  duties;
               (4)  adopting additional eligibility requirements for
  persons who receive benefits under any law the agency administers
  to ensure that those benefits are received by the most deserving
  persons consistent with the purposes for which the benefits are
  provided;
               (5)  providing that any communication between the
  agency and another person and any document required to be delivered
  to or by the agency, including any application, notice, billing
  statement, receipt, or certificate, may be made or delivered by
  e-mail or through the Internet; and
               (6)  adopting and collecting fees or charges to cover
  any costs the agency incurs in performing its lawful functions.
  ARTICLE 2.  REDUCTION IN GENERAL APPROPRIATIONS ACT
         SECTION 2.01.  An active, former, or retired visiting judge
  or justice is not entitled to an amount from the state for expenses,
  per diem, travel, or salary that exceeds the amount authorized for
  those purposes by the General Appropriations Act.
         SECTION 2.02.  A local administrative district judge is not
  entitled to a salary from the state under Section 659.012(d),
  Government Code, that exceeds the amount authorized for that salary
  by the General Appropriations Act.
         SECTION 2.03.  An active district judge is not entitled to
  travel expenses under Section 24.019, Government Code, in an amount
  that exceeds the amount authorized for those expenses by the
  General Appropriations Act.
         SECTION 2.04.  A judge, justice, or prosecuting attorney is
  not entitled to an amount from the state for a salary, a salary
  supplement, office expenses or reimbursement of office expenses, or
  travel that exceeds the amount authorized for those purposes by the
  General Appropriations Act.
         SECTION 2.05.  (a)  A county is not entitled to receive from
  the state supplemental salary compensation for county prosecutors
  under Section 46.0031, Government Code, or longevity pay
  supplements reimbursement under Section 41.255, Government Code,
  or any other supplements for prosecutors, in an amount that exceeds
  the amount appropriated for those purposes by the General
  Appropriations Act.
         (b)  A county is not entitled to state contributions for
  salaries or supplements under Chapter 25 or 26, Government Code, in
  an amount that exceeds the amounts appropriated for those purposes
  in the General Appropriations Act.
         (c)  A county is not entitled to reimbursement under Article
  11.071, Code of Criminal Procedure, for reimbursement for
  compensation of counsel under that article in an amount that
  exceeds the amount appropriated for that purpose in the General
  Appropriations Act.
         SECTION 2.06.  A person reimbursed by the state for travel
  and expenses for attendance as a witness as provided by Article
  35.27, Code of Criminal Procedure, is not entitled to an amount that
  exceeds the amount appropriated for that purpose by the General
  Appropriations Act.
  ARTICLE 3.  FISCAL MATTERS REGARDING ASSISTANT PROSECUTORS
         SECTION 3.01.  Section 41.255(f), Government Code, is
  amended to read as follows:
         (f)  A county is not required to pay longevity supplements if
  the county does not receive funds from the comptroller as provided
  by Subsection (d). If sufficient funds are not available to meet
  the requests made by counties for funds for payment of assistant
  prosecutors qualified for longevity supplements:
               (1)  [,] the comptroller shall apportion the available
  funds to the eligible counties by reducing the amount payable to
  each county on an equal percentage basis;
               (2)  a county is not entitled to receive the balance of
  the funds at a later date; and
               (3)  the longevity pay program under this chapter is
  suspended to the extent of the insufficiency.  [A county that
  receives from the comptroller an amount less than the amount
  certified by the county to the comptroller under Subsection (d)
  shall apportion the funds received by reducing the amount payable
  to eligible assistant prosecutors on an equal percentage basis, but
  is not required to use county funds to make up any difference
  between the amount certified and the amount received.]
         SECTION 3.02.  Section 41.255(g), Government Code, is
  repealed.
  ARTICLE 4.  FISCAL MATTERS REGARDING PROCESS SERVERS
         SECTION 4.01.  Subchapter A, Chapter 51, Government Code, is
  amended by adding Section 51.008 to read as follows:
         Sec. 51.008.  FEES FOR PROCESS SERVER CERTIFICATION.  (a)  
  The process server review board established by supreme court order
  may recommend to the supreme court the fees to be charged for
  process server certification and renewal of certification. The
  supreme court must approve the fees recommended by the process
  server review board before the fees may be collected.
         (b)  If a certification is issued or renewed for a term that
  is less than the certification period provided by supreme court
  rule, the fee for the certification shall be prorated so that the
  process server pays only that portion of the fee that is allocable
  to the period during which the certification is valid. On renewal
  of the certification on the new expiration date, the process server
  must pay the entire certification renewal fee.
         (c)  The Office of Court Administration of the Texas Judicial
  System may collect the fees recommended by the process server
  review board and approved by the supreme court. Fees collected
  under this section shall be sent to the comptroller for deposit to
  the credit of the general revenue fund.
         (d)  Fees collected under this section may be appropriated to
  the Office of Court Administration of the Texas Judicial System for
  the support of regulatory programs for process servers and
  guardians.
         SECTION 4.02.  Subchapter B, Chapter 72, Government Code, is
  amended by adding Sections 72.013 and 72.014 to read as follows:
         Sec. 72.013.  PROCESS SERVER REVIEW BOARD.  A person
  appointed to the process server review board established by supreme
  court order serves without compensation but is entitled to
  reimbursement for actual and necessary expenses incurred in
  traveling and performing official board duties.
         Sec. 72.014.  CERTIFICATION DIVISION.  The office shall
  establish a certification division to oversee the regulatory
  programs assigned to the office by law or by the supreme court.
         SECTION 4.03.  (a)  The fees recommended and approved under
  Section 51.008, Government Code, as added by this article, apply
  to:
               (1)  each person who holds a process server
  certification on the effective date of this Act; and
               (2)  each person who applies for process server
  certification on or after the effective date of this Act.
         (b)  The Office of Court Administration of the Texas Judicial
  System shall prorate the process server certification fee so that a
  person who holds a process server certification on the effective
  date of this Act pays only that portion of the fee that is allocable
  to the period during which the certification is valid. On renewal
  of the certification on the new expiration date, the entire
  certification renewal fee is payable.
  ARTICLE 5.  FISCAL MATTERS REGARDING JUDICIAL AND COURT PERSONNEL
  TRAINING FUND
         SECTION 5.01.  Section 56.001, Government Code, is amended
  to read as follows:
         Sec. 56.001.  JUDICIAL AND COURT PERSONNEL TRAINING FUND.
  (a) The judicial and court personnel training fund is an account in
  the general revenue fund. Money in the judicial and court personnel
  training fund may be appropriated only to [created in the state
  treasury and shall be administered by] the court of criminal
  appeals for the uses authorized in Section 56.003.
         (b) [(i)]  On requisition of the court of criminal appeals,
  the comptroller shall draw a warrant on the fund for the amount
  specified in the requisition for a use authorized in Section
  56.003. A warrant may not exceed the amount appropriated for any
  one fiscal year. [At the end of each state fiscal year, any
  unexpended balance in the fund in excess of $500,000 shall be
  transferred to the general revenue fund.]
  ARTICLE 6.  FISCAL MATTERS REGARDING PAYMENT OF JURORS
         SECTION 6.01.  Section 61.001(a), Government Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (c), a person who
  reports for jury service in response to the process of a court is
  entitled to receive as reimbursement for travel and other expenses
  an amount:
               (1)  not less than $6 for the first day or fraction of
  the first day the person is in attendance in court in response to
  the process and discharges the person's duty for that day; and
               (2)  not less than the amount provided in the General
  Appropriations Act [$40] for each day or fraction of each day the
  person is in attendance in court in response to the process after
  the first day and discharges the person's duty for that day.
         SECTION 6.02.  Sections 61.0015(a) and (e), Government Code,
  are amended to read as follows:
         (a)  The state shall reimburse a county the appropriate
  amount as provided in the General Appropriations Act [$34 a day] for
  the reimbursement paid under Section 61.001 to a person who reports
  for jury service in response to the process of a court for each day
  or fraction of each day after the first day in attendance in court
  in response to the process.
         (e)  If a payment on a county's claim for reimbursement is
  reduced under Subsection (d), or if a county fails to file the claim
  for reimbursement in a timely manner, the comptroller may, as
  provided by rule, apportion the payment of the balance owed the
  county.  The comptroller's rules may permit a different rate of
  reimbursement for each quarterly payment under Subsection (c)
  [shall:
               [(1)     pay the balance owed to the county when
  sufficient money described by Subsection (c) is available; or
               [(2)     carry forward the balance owed to the county and
  pay the balance to the county when the next payment is required].
  ARTICLE 7.  EFFECTIVE DATE
         SECTION 7.01.  This Act takes effect September 1, 2011.