86R7361 YDB/KFF-F
	By: Leach	H.B. No. 2384

	A BILL TO BE ENTITLED
	AN ACT
	relating to judicial compensation and the contributions to,
	benefits from, membership in, and administration of the Judicial
	Retirement System of Texas Plan One and Plan Two; making conforming
	changes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 201.105(a), Family Code, is amended to
	read as follows:
	(a)  An associate judge appointed under this subchapter is
	entitled to a salary in the amount equal to [be determined by a
	majority vote of the presiding judges of the administrative
	judicial regions. The salary may not exceed] 90 percent of the
	state base salary paid to a district judge as set by the General
	Appropriations Act in accordance with Section 659.012(a),
	Government Code.
	SECTION 2.  Section 201.205(a), Family Code, is amended to
	read as follows:
	(a)  An associate judge appointed under this subchapter is
	entitled to a salary in the amount equal to [as determined by a
	majority vote of the presiding judges of the administrative
	judicial regions. The salary may not exceed] 90 percent of the
	state base salary paid to a district judge as set by the [state]
	General Appropriations Act in accordance with Section 659.012(a),
	Government Code.
	SECTION 3.  Section 25.0015(a), Government Code, is amended
	to read as follows:
	(a)  Beginning on the first day of the state fiscal year, the
	state shall annually compensate each county in an amount equal to 60
	percent of the state base salary paid to [of] a district court judge
	as set by [in] the General Appropriations Act in accordance with
	Section 659.012(a) [county] for each statutory county court judge
	in the county who:
	(1)  does not engage in the private practice of law; and
	(2)  presides over a court with at least the
	jurisdiction provided by Section 25.0003.
	SECTION 4.  Section 26.006, Government Code, is amended to
	read as follows:
	Sec. 26.006.  SALARY SUPPLEMENT FROM STATE FOR [CERTAIN]
	COUNTY JUDGES.  (a)  A county judge is entitled to an annual salary
	supplement from the state in an amount equal to 18 percent of the
	state base salary paid to [annual compensation provided for] a
	district judge as set by [in] the General Appropriations Act in
	accordance with Section 659.012(a) [if at least 40 percent of the
	functions that the judge performs are judicial functions].
	(b)  [To receive a supplement under Subsection (a), a county
	judge must file with the comptroller's judiciary section an
	affidavit stating that at least 40 percent of the functions that the
	judge performs are judicial functions.
	[(c)]  The commissioners court of [in] a county [with a
	county judge who is entitled to receive a salary supplement under
	this section] may not reduce the county funds provided for the
	salary or office of the county judge as a result of the salary
	supplement required by this section.
	SECTION 5.  Section 41.013, Government Code, is amended to
	read as follows:
	Sec. 41.013.  COMPENSATION OF CERTAIN PROSECUTORS. Except
	as otherwise provided by law, a district attorney or criminal
	district attorney is entitled to receive from the state annual
	compensation in an amount equal to at least 80 percent of the state
	base salary paid to [annual compensation provided for] a district
	judge as set by [in] the General Appropriations Act in accordance
	with Section 659.012(a).
	SECTION 6.  Section 46.001(2), Government Code, is amended
	to read as follows:
	(2)  "Benchmark salary" means the state base salary
	paid to [that is provided for] a district judge as set by [in] the
	General Appropriations Act in accordance with Section 659.012(a).
	SECTION 7.  Section 46.003(a), Government Code, is amended
	to read as follows:
	(a)  The state prosecuting attorney and each state
	prosecutor is entitled to receive from the state a salary in an
	amount [compensation] equal to the state base salary paid to
	[compensation that is provided for] a district judge as set by [in]
	the General Appropriations Act in accordance with Section
	659.012(a).
	SECTION 8.  Section 54.653(b), Government Code, is amended
	to read as follows:
	(b)  The salary of a full-time magistrate may not exceed an
	amount equal to 90 percent of the sum of:
	(1)  the state base salary paid to a district judge as
	set by the General Appropriations Act in accordance with [by the
	state under] Section 659.012(a) [659.012]; and
	(2)  the maximum amount of county contributions and
	supplements allowed by law to be paid to a district judge under
	Section 659.012.
	SECTION 9.  Section 74.003(e), Government Code, is amended
	to read as follows:
	(e)  A retired justice or judge assigned as provided by this
	section is entitled to receive, pro rata for the time serving on
	assignment, from money appropriated from the general revenue fund
	for that purpose, an amount equal to the compensation received from
	state and county sources by a justice of the court of appeals to
	which assigned. For purposes of determining the amount to be paid to
	a retired justice or judge under this subsection, the compensation
	received from the state by a justice of the court of appeals to
	which the retired justice or judge is assigned is the amount equal
	to the state base salary paid to a justice of that court of appeals
	as set in accordance with Section 659.012(a).
	SECTION 10.  Sections 74.051(b) and (c), Government Code,
	are amended to read as follows:
	(b)  Except as provided by Subsection (c), a presiding judge
	shall receive a salary in an amount not to exceed 30 percent of the
	state base salary paid to a district judge as set by the General
	Appropriations Act in accordance with Section 659.012(a) [$33,000 a
	year]. The Texas Judicial Council shall set the salary biennially
	and, in arriving at the amount of the salary, shall consider whether
	the presiding judge is active in administrative duties, performs
	part time, or is a retired judge. The salary set by the Texas
	Judicial Council shall be apportioned to each county in the region
	according to the population of the counties in [comprising] the
	region and shall be paid through the county budget process.
	(c)  A presiding judge who is a retired or former district
	judge or a retired appellate judge and who presides over an
	administrative region with 30 or more district courts, statutory
	county courts, and retired and former judges named on the list
	maintained under Section 74.055 for the administrative region is
	entitled to an annual salary for each fiscal year in an amount equal
	to [as follows]:
	Number of Courts and Judges     Salary
	30 to 49                  30 percent of the state base
	salary paid to a district
	judge as set by the General
	Appropriations Act in
	accordance with Section
	659.012(a) [$35,000]
	50 to 69                  35 percent of the state base
	salary paid to a district
	judge as set by the General
	Appropriations Act in
	accordance with Section
	659.012(a) [$40,000]
	70 to 89                  40 percent of the state base
	salary paid to a district
	judge as set by the General
	Appropriations Act in
	accordance with Section
	659.012(a) [$45,000]
	90 or more                45 percent of the state base
	salary paid to a district
	judge as set by the General
	Appropriations Act in
	accordance with Section
	659.012(a) [$50,000]
	SECTION 11.  Sections 74.061(b), (h), and (i), Government
	Code, are amended to read as follows:
	(b)  While serving in a county outside the judge's [his]
	judicial district or county, an assigned [a] judge is entitled to
	receive, in addition to the assigned judge's [his] necessary
	expenses, additional compensation from the county to which the
	assigned judge [he] is assigned in an amount not to exceed the
	difference between the compensation of the assigned judge from all
	sources, exclusive of the per diem provided by Subsection (f), and
	the compensation received from all sources by the judge of the court
	to which the assigned judge [he] is assigned. If the judge of the
	court to which the assigned judge is assigned is paid an annual
	salary from the state in accordance with Section 659.012(b), the
	amount by which that annual salary exceeds the amount of the state
	base salary as set by the General Appropriations Act for the judge's
	position in accordance with Section 659.012(a) is not included in
	the compensation of the judge for purposes of determining the
	compensation of the assigned judge under this subsection.  The
	county shall pay the compensation provided by this subsection on
	approval of the presiding judge of the administrative region in
	which the court to which the assigned judge is assigned is located.
	(h)  Notwithstanding Subsection (c), the salary from the
	state of a retired judge or justice assigned to a district court is
	determined pro rata based on the amount of the state base salary
	paid to a district judge as set by the General Appropriations Act in
	accordance with Section 659.012(a) [sum of the regular judge's
	salary from the county plus the greater of:
	[(1)     the regular judge's salary from the state on
	August 31, 2007; or
	[(2)     100 percent of the regular judge's salary from the
	state, as established by the General Appropriations Act for any
	fiscal year].
	(i)  Notwithstanding Subsection (d):
	(1)  [,] the salary from the state of a former judge or
	justice assigned to a [district] court of appeals is determined pro
	rata based on the amount of the state base salary paid to a justice
	of a court of appeals as set in accordance with Section 659.012(a);
	and
	(2)  the salary from the state of a former judge or
	justice assigned to a district court is determined pro rata based on
	the amount of the state base salary paid to a district judge as set
	by the General Appropriations Act in accordance with Section
	659.012(a) [greater of:
	[(1)     the regular judge's salary from the state on
	August 31, 2007; or
	[(2)     100 percent of the regular judge's salary from the
	state, as established by the General Appropriations Act for any
	fiscal year].
	SECTION 12.  Section 75.016(c), Government Code, is amended
	to read as follows:
	(c)  The Commissioners Court of Travis County may set
	additional compensation to be paid to the presiding criminal judge
	by the county in any amount that does not exceed the amount the
	local administrative district judge of Travis County receives from
	this state. Notwithstanding any other law, compensation paid the
	presiding criminal judge under this subsection is not included as
	part of the judge's combined base salary from all state and county
	sources for purposes of the salary limitations provided by Section
	659.012.
	SECTION 13.  Section 659.012, Government Code, is amended to
	read as follows:
	Sec. 659.012.  JUDICIAL SALARIES. (a) Notwithstanding
	Section 659.011 and subject to Subsections (b) and (b-1):
	(1)  a judge of a district court is entitled to an
	annual base salary from the state as set by the General
	Appropriations Act in an amount equal to [of] at least $140,000
	[$125,000], except that the combined base salary of a district
	judge from all state and county sources, including compensation for
	any extrajudicial services performed on behalf of the county, may
	not exceed the amount that is $5,000 less than the maximum combined
	base salary from all state and county sources [provided] for a
	justice of a court of appeals other than a chief justice as
	determined under this subsection;
	(2)  a justice of a court of appeals other than the
	chief justice is entitled to an annual base salary from the state in
	the amount [that is] equal to 110 percent of the state base salary
	of a district judge as set by the General Appropriations Act, except
	that the combined base salary of a justice of the court of appeals
	other than the chief justice from all state and county sources,
	including compensation for any extrajudicial services performed on
	behalf of the county, may not exceed the amount that is $5,000 less
	than the base salary [provided] for a justice of the supreme court
	as determined under this subsection;
	(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 base salary from the state
	in the amount [that is] equal to 120 percent of the state base
	salary of a district judge as set by the General Appropriations Act;
	and
	(4)  the chief justice or presiding judge of an
	appellate court is entitled to an annual base salary from the state
	in the amount equal to [that is] $2,500 more than the state base
	salary provided for the other justices or judges of the court,
	except that the combined base salary of the chief justice of a court
	of appeals from all state and county sources may not exceed the
	amount equal to [that is] $2,500 less than the base salary
	[provided] for a justice of the supreme court as determined under
	this subsection.
	(b)  A judge or justice for whom the amount of a state base
	salary is prescribed by Subsection (a) is entitled to an annual
	salary from the state in the amount equal to:
	(1)  110 percent of the state base salary paid in
	accordance with Subsection (a) for the judge's or justice's
	position, beginning with the pay period that begins after the judge
	or justice accrues four years of service credit in the Judicial
	Retirement System of Texas Plan One or the Judicial Retirement
	System of Texas Plan Two;
	(2)  120 percent of the state base salary paid in
	accordance with Subsection (a) for the judge's or justice's
	position, beginning with the pay period that begins after the judge
	or justice accrues eight years of service credit in the Judicial
	Retirement System of Texas Plan One or the Judicial Retirement
	System of Texas Plan Two; and
	(3)  130 percent of the state base salary paid in
	accordance with Subsection (a) for the judge's or justice's
	position, beginning with the pay period that begins after the judge
	or justice accrues 12 years of service credit in the Judicial
	Retirement System of Texas Plan One or the Judicial Retirement
	System of Texas Plan Two.
	(b-1)  A limitation on the combined base salary from all
	state and county sources prescribed by Subsection (a)(1) or (2)
	applies to a judge or justice to whom Subsection (b) applies, except
	that the amount by which the annual salary from the state paid to
	the judge or justice in accordance with Subsection (b) exceeds the
	amount of the state base salary for the judge's or justice's
	position set by the General Appropriations Act in accordance with
	Subsection (a) is not included as part of the judge's or justice's
	combined base salary from all state and county sources for purposes
	of determining whether the judge's or justice's salary exceeds the
	limitation.
	(c)  To the extent of any conflict, the salary limitations
	provided by Subsection (a) [this section] for the combined base
	salary of a state judge or justice from state and local sources
	prevail [prevails] over any provision of Chapter 31 or 32 that
	authorizes the payment of additional compensation to a state judge
	or justice.
	(d)  Notwithstanding any other provision in this section or
	other law, 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 base salary from the
	state in the amount equal to [that is] $5,000 more than the maximum
	salary from the state to which the judge is otherwise entitled under
	Subsection (a) or (b).
	(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 limitations provided by Subsection (a) [this
	section] are maintained. If the state base [a] salary for a judge
	or justice prescribed by Subsection (a) combined with additional
	compensation from a county would exceed [be in excess of] the
	limitations provided by Subsection (a) [this section], the
	comptroller shall reduce the [state] salary payment made by the
	state by the amount of the excess.
	SECTION 14.  Section 814.103, Government Code, is amended to
	read as follows:
	Sec. 814.103.  SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
	SERVICE. (a)  Except as provided by Subsection (b), the standard
	service retirement annuity for service credited in the elected
	class of membership is an amount equal to the number of years of
	service credit in that class, times two percent of the state base
	salary, excluding longevity pay payable under Section 659.0445 and
	as adjusted from time to time, being paid to a district judge as set
	by the General Appropriations Act in accordance with Section
	659.012(a).
	(b)  The standard service retirement annuity for service
	credited in the elected class may not exceed at any time 100 percent
	of the state base salary being paid to a district judge as set by the
	General Appropriations Act in accordance with Section 659.012(a).
	SECTION 15.  Section 815.204(c), Government Code, is amended
	to read as follows:
	(c)  The medical board shall:
	(1)  review all medical examinations required by this
	subtitle and Subtitle D;
	(2)  investigate essential statements and certificates
	made by or on behalf of a member of the retirement system in
	connection with an application for disability retirement; and
	(3)  report in writing to the executive director its
	conclusions and recommendations on all matters referred to it.
	SECTION 16.  Sections 834.102(a) and (d), Government Code,
	are amended to read as follows:
	(a)  The base service retirement annuity is an amount equal
	to 50 percent of the state salary, as adjusted from time to time,
	being paid in accordance with Section 659.012(b)(3) to a judge of a
	court of the same classification as the court on which the retiree
	last served before retirement.
	(d)  The service retirement annuity of a person qualifying
	for retirement under Section 834.101(b) is an amount computed as a
	percentage of the state salary, as adjusted from time to time, being
	paid in accordance with Section 659.012(b)(3) to a judge of a court
	of the same classification as the court on which the retiree last
	served before retirement, according to the following schedule:
	percentage
	age at retirement of state salary
	at least 60 but less than 61 40   percent
	at least 61 but less than 62 41.7 percent
	at least 62 but less than 63 43.6 percent
	at least 63 but less than 64 45.6 percent
	at least 64 but less than 65 47.7 percent
	SECTION 17.  Section 834.201(b), Government Code, is amended
	to read as follows:
	(b)  A member otherwise eligible may not receive a disability
	retirement annuity unless the medical board designated under
	Section 815.204 finds [chief justice of the supreme court
	certifies] that the member is mentally or physically incapacitated
	for the further performance of regular judicial duties and submits
	a certification of disability to the executive director appointed
	under Section 815.202.
	SECTION 18.  Section 834.202, Government Code, is amended to
	read as follows:
	Sec. 834.202.  APPLICATION FOR DISABILITY; INFORMATION
	ABOUT PHYSICAL INCAPACITY. (a) A member may apply for a disability
	retirement annuity by:
	(1)  filing an application for retirement with the
	board of trustees; or
	(2)  having an application filed with the board by the
	member's spouse, employer, or legal representative.
	(b)  A member who applies for retirement because of physical
	incapacity shall file with the board of trustees [supreme court]
	written reports by two physicians licensed to practice medicine in
	this state, fully reporting the claimed physical incapacity.
	[(b)     The chief justice of the supreme court may appoint a
	physician licensed in this state to make any additional medical
	investigation the court finds necessary.]
	SECTION 19.  Subchapter C, Chapter 834, Government Code, is
	amended by adding Section 834.2025 to read as follows:
	Sec. 834.2025.  DETERMINATION OF DISABILITY. In determining
	whether a member is mentally or physically incapacitated for the
	further performance of regular judicial duties, the medical board
	designated under Section 815.204 may apply the standard prescribed
	by Section 814.203.
	SECTION 20.  Section 835.1015(b), Government Code, is
	amended to read as follows:
	(b)  A member who elects to make contributions under
	Subsection (a) shall contribute at the member contribution rate
	required under Section 840.102(a) multiplied by [six percent of]
	the member's state compensation for each payroll period in the
	manner provided by Sections 835.101(a) and (b).
	SECTION 21.  Subchapter A, Chapter 837, Government Code, is
	amended by adding Section 837.004 to read as follows:
	Sec. 837.004.  RESUMPTION OF MEMBERSHIP AFTER TERMINATION.
	(a) A retiree described by Section 837.102(a) may elect to rejoin
	the retirement system as a member and receive service credit in the
	retirement system for service performed as a judicial officer after
	the retiree's effective date of retirement if, before taking the
	oath of office, the retiree has been separated from judicial
	service for at least 12 full consecutive months. The retiree must
	provide notice of the election to the board of trustees in a manner
	and form prescribed by rules adopted by the board of trustees.
	(b)  Notwithstanding Section 840.106, if a member whose
	membership in the retirement system was made by an election under
	Subsection (a) again retires:
	(1)  the member, at the time of the member's subsequent
	retirement, may select a service retirement annuity as if the
	retiree were retiring for the first time; and
	(2)  the retirement system shall recompute the annuity
	to include additional service credit established by the member
	under this section.
	(c)  If a member under Subsection (b)(1) selects an optional
	service retirement annuity payable under Section 839.103(a)(3) or
	(4), the retirement system shall reduce the number of months of
	payments by the number of months for which the annuity was paid
	before the member resumed service.
	(d)  The board of trustees shall adopt rules necessary to
	implement this section.
	SECTION 22.  Section 837.102(a), Government Code, is amended
	to read as follows:
	(a)  Except as provided by Section 837.004, a [A] retiree who
	resumes service as a judicial officer other than by appointment or
	assignment described in Section 837.101 may not rejoin or receive
	credit in the retirement system for the resumed service.
	SECTION 23.  Section 839.102(a), Government Code, as amended
	by Chapters 1033 (H.B. 1114) and 1203 (H.B. 617), Acts of the 79th
	Legislature, Regular Session, 2005, is  reenacted and amended to
	read as follows:
	(a)  Except as provided by Subsections (b), (c), (d), and
	(f), the standard service retirement annuity is an amount equal to
	50 percent of the state salary being paid in accordance with Section
	659.012(b)(3) at the time the member retires to a judge of a court
	of the same classification as the last court to which the retiring
	member was elected or appointed.
	SECTION 24.  Section 839.102(c), Government Code, is amended
	to read as follows:
	(c)  The standard service retirement annuity of a person
	qualifying for retirement under Section 839.101(b) is an amount
	computed as a percentage of the state salary being paid in
	accordance with Section 659.012(b)(3) at the time the member
	retires to a judge of a court of the same classification as the last
	court to which the retiring member was elected or appointed,
	according to the following schedule:
	age at retirement   percentage of state salary
	at least 60 but less than 61 40   percent
	at least 61 but less than 62 41.7 percent
	at least 62 but less than 63 43.6 percent
	at least 63 but less than 64 45.6 percent
	at least 64 but less than 65  47.7 percent.
	SECTION 25.  Section 839.201(b), Government Code, is amended
	to read as follows:
	(b)  A member otherwise eligible may not receive a disability
	retirement annuity unless the [chief justice of the supreme court
	and the] medical board finds [certify] that the member is mentally
	or physically incapacitated for the further performance of regular
	judicial duties and submits a certification of disability to the
	executive director.
	SECTION 26.  Section 839.202, Government Code, is amended to
	read as follows:
	Sec. 839.202.  APPLICATION FOR DISABILITY; DISABILITY
	REPORTS. (a) A member may apply for a disability retirement
	annuity by:
	(1)  filing an application for retirement with the
	board of trustees; or
	(2)  having an application filed with the board by the
	member's spouse, employer, or legal representative.
	(a-1)  A member who applies for retirement because of
	physical incapacity shall file with the board of trustees
	[retirement system and the chief justice of the supreme court]
	written reports by two physicians licensed to practice medicine in
	this state, fully reporting the claimed physical incapacity.
	(b)  The board of trustees [retirement system] shall refer an
	application for disability retirement to the medical board for its
	recommendations. The medical board may require an applicant to
	submit any additional information it considers necessary to enable
	it to make its recommendations.
	[(c)     The chief justice of the supreme court may direct the
	retirement system to employ a physician under Section 840.203 or
	may direct the medical board to require additional information
	under Subsection (b).]
	SECTION 27.  Subchapter C, Chapter 839, Government Code, is
	amended by adding Section 839.2025 to read as follows:
	Sec. 839.2025.  DETERMINATION OF DISABILITY. In determining
	whether a member is mentally or physically incapacitated for the
	further performance of regular judicial duties, the medical board
	may apply the standard prescribed by Section 814.203.
	SECTION 28.  Section 840.102(a), Government Code, is amended
	to read as follows:
	(a)  Except as provided by Subsections (g) and (h), each
	payroll period, a judicial officer who is a member of the retirement
	system is required to contribute 9.5[:
	[(1)  6.6] percent of the officer's state compensation
	for service rendered after [August 31, 2013, and before] September
	1, 2019 [2014;
	[(2)     6.9 percent of the officer's state compensation
	for service rendered after August 31, 2014, and before September 1,
	2015;
	[(3)     7.2 percent of the officer's state compensation
	for service rendered after August 31, 2015, and before September 1,
	2016;
	[(4)     7.5 percent of the officer's state compensation
	for service rendered after August 31, 2016; or
	[(5)     for service rendered on or after September 1,
	2017, the lesser of:
	[(A)     7.5 percent of the officer's state
	compensation; or
	[(B)     a percentage of the officer's state
	compensation equal to 7.5 percent reduced by one-tenth of one
	percent for each one-tenth of one percent that the state
	contribution rate for the fiscal year to which the service relates
	is less than the state contribution rate established for the 2015
	fiscal year].
	SECTION 29.  Sections 840.202(c) and 840.203, Government
	Code, are repealed.
	SECTION 30.  Sections 834.201(b) and 834.202, Government
	Code, as amended by this Act, and Section 834.2025, Government
	Code, as added by this Act, apply only to an application for
	disability retirement filed on or after the effective date of this
	Act. An application filed before the effective date of this Act is
	governed by the law in effect on the date the application was filed,
	and that law is continued in effect for that purpose.
	SECTION 31.  Section 837.004, Government Code, as added by
	this Act, applies to a retiree of the Judicial Retirement System of
	Texas Plan Two regardless of whether the person retired from
	judicial service before, on, or after the effective date of this
	Act.
	SECTION 32.  Section 839.102, Government Code, as amended by
	this Act, applies only to a member of the Judicial Retirement System
	of Texas Plan Two who retires on or after the effective date of this
	Act.  A member who retires before the effective date of this Act is
	governed by the law in effect immediately before that date, and the
	former law is continued in effect for that purpose.
	SECTION 33.  Sections 839.201(b) and 839.202, Government
	Code, as amended by this Act, and Section 839.2025, Government
	Code, as added by this Act, apply only to an application for
	disability retirement filed on or after the effective date of this
	Act. An application filed before the effective date of this Act is
	governed by the law in effect on the date the application was filed,
	and that law is continued in effect for that purpose.
	SECTION 34.  This Act takes effect September 1, 2019.