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A BILL TO BE ENTITLED
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AN ACT
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relating to the method of calculating the salary of state judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 659.012(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 659.011: |
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(1) a judge of a district court is entitled to an |
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annual salary from the state that is equal to 82.5 percent of the |
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salary of a justice of the supreme court other than the chief |
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justice [of at least $125,000], except that the combined salary of a |
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district judge from state and county sources, including |
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compensation for any extrajudicial services performed on behalf of |
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the county, may not exceed the amount that is $5,000 less than the |
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salary provided for a justice of a court of appeals other than a |
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chief justice; |
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(2) a justice of a court of appeals other than the |
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chief justice is entitled to an annual salary from the state that is |
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equal to 91 [110] percent of the salary of a justice of the supreme |
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court other than the chief justice [district judge], except that |
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the combined salary of a justice of the court of appeals other than |
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the chief justice from all state and county sources, including |
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compensation for any extrajudicial services performed on behalf of |
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the county, may not exceed the amount that is $5,000 less than the |
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salary provided for a justice of the supreme court; |
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(3) a justice of the supreme court other than the chief |
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justice or a judge of the court of criminal appeals other than the |
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presiding judge is entitled to an annual salary from the state that |
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is the amount as determined by Section 659.0121 [equal to 120
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percent of the salary of a district judge]; and |
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(4) the chief justice or presiding judge of an |
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appellate court is entitled to an annual salary from the state that |
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is $2,500 more than the salary provided for the other justices or |
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judges of the court, except that the combined salary of the chief |
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justice of a court of appeals may not exceed the amount that is |
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$2,500 less than the salary provided for a justice of the supreme |
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court. |
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SECTION 2. Subchapter B, Chapter 659, Government Code, is |
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amended by adding Section 659.0121 to read as follows: |
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Sec. 659.0121. DETERMINATION OF JUDICIAL SALARIES. |
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(a) The salary of a justice of the supreme court other than the |
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chief justice or a judge of the court of criminal appeals other than |
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the presiding judge is equal to the sum of: |
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(1) one-third of the average salary, on January 1, of |
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justices, excluding chief justices, on the highest appellate courts |
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of the nine most populous states, as determined by the decennial |
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census, not including Texas; |
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(2) one-third of the salary, on January 1, of a judge |
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of a United States court of appeals; and |
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(3) one-third of the average starting base salary, on |
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January 1, of first-year associate attorneys employed with the five |
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private law firms with the largest number of attorneys licensed in |
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this state. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall collect and provide to the Legislative Budget Board |
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the information described by Subsections (a)(1) and (2) not later |
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than February 1 of each year. |
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(c) The state bar shall collect and provide to the |
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Legislative Budget Board the information described by Subsection |
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(a)(3) not later than February 1 of each year. |
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(d) The Legislative Budget Board shall calculate the salary |
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under Subsection (a) using the information received under |
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Subsections (b) and (c) and notify the comptroller of the amount not |
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later than March 1 of each year. |
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(e) On October 1 of each year, the comptroller shall adjust |
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all salaries paid under Section 659.012 based on the amount |
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provided by the Legislative Budget Board under Subsection (d). |
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(f) Notwithstanding Subsection (a), the salary of a justice |
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of the supreme court other than the chief justice or a judge of the |
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court of criminal appeals other than the presiding judge may not |
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increase annually by more than the greater of: |
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(1) four percent; and |
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(2) the percentage by which the Consumer Price Index |
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for All Urban Consumers published by the Bureau of Labor Statistics |
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of the United States Department of Labor, or its successor index, |
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increased during the previous calendar year. |
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(g) The comptroller shall publish in the Texas Register, not |
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later than May 1 of each year, a list of all salaries to be paid |
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under Section 659.012 effective October 1. |
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SECTION 3. Effective August 31, 2021, Chapter 35, |
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Government Code, is repealed. |
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SECTION 4. Except as otherwise provided by this Act, this |
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Act takes effect January 1, 2019. |