By: Leach, et al.	H.B. No. 2384
	(Senate Sponsor - Huffman, Zaffirini)
	(In the Senate - Received from the House May 1, 2019;
	May 3, 2019, read first time and referred to Committee on State
	Affairs; May 19, 2019, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 9, Nays 0;
	May 19, 2019, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 2384	By:  Huffman

	A BILL TO BE ENTITLED
	AN ACT
	relating to judicial compensation and assignment, the
	contributions to, benefits from, membership in, and administration
	of the Judicial Retirement System of Texas Plan One and Plan Two,
	and the compensation and retirement benefits of certain prosecutors
	and other members of the elected class of the Employees Retirement
	System of Texas.
	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 25.0005, Government Code, is amended by
	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
	read as follows:
	(a)  A statutory county court judge, other than a statutory
	county court judge who engages in the private practice of law, shall
	be paid a total annual salary set by the commissioners court at an
	amount that is not less than $1,000 less than the sum of the [total]
	annual salary as set by the General Appropriations Act in
	accordance with Section 659.012 paid to [received by] a district
	judge with comparable years of service as the statutory county
	court judge and any state or county [in the county. A district
	judge's or statutory county court judge's total annual salary
	includes] contributions and supplements paid to a district judge in
	the county, [paid by the state or a county,] other than
	contributions received as compensation under Section 74.051. A
	statutory county court judge's total annual salary includes any
	state or county contributions and supplements paid to the judge.
	For purposes of this subsection, the years of service of a statutory
	county court judge include any years of service as an appellate
	court, district court, multicounty statutory county court, or
	statutory probate court justice or judge.
	(a-1)  The minimum salary prescribed by Subsection (a) that
	is to be based on the annual salary of a district judge under
	Section 659.012(b) becomes effective on the first day of the
	county's fiscal year following the date the statutory county court
	judge accrues the years of service required for an increase in
	salary under Subsection (a).
	(a-2)  Notwithstanding Subsection (a), the maximum annual
	salary of a statutory county court judge is $1,000 less than the sum
	of the maximum combined annual salary from all state and county
	sources paid to a district judge entitled to a salary under Section
	659.012(b)(2) and any longevity pay received by a district judge in
	accordance with Section 659.0445(d).
	SECTION 4.  Section 25.0015, Government Code, is amended to
	read as follows:
	Sec. 25.0015.  STATE CONTRIBUTION. [(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 the
	General Appropriations Act in accordance with Section 659.012(a)
	[in the 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 5.  Section 25.0023, Government Code, is amended by
	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
	read as follows:
	(a)  The commissioners court shall set the total annual
	salary of each judge of a statutory probate court at an amount that
	is at least equal to the sum of the [total] annual salary as set by
	the General Appropriations Act in accordance with Section 659.012
	paid to [received by] a district judge with comparable years of
	service as the statutory probate court judge and any state or county
	[in the county. A district judge's or statutory probate court
	judge's total annual salary includes] contributions and
	supplements paid to a district judge in the county [by the state or
	a county], other than contributions received as compensation under
	Section 74.051 [25.0022(e)]. A statutory probate court judge's
	total annual salary includes any state or county contributions and
	supplements paid to the judge, other than contributions paid under
	Section 25.0022(e). For purposes of this subsection, the years of
	service of a statutory probate court judge include any years of
	service as an appellate court, district court, multicounty
	statutory county court, or statutory county court justice or judge.
	(a-1)  The minimum salary prescribed by Subsection (a) that
	is to be based on the annual salary of a district judge under
	Section 659.012(b) becomes effective on the first day of the
	county's fiscal year following the date the judge accrues the years
	of service required for an increase in salary under Subsection (a).
	(a-2)  Notwithstanding Subsection (a), the maximum annual
	salary of a statutory probate court judge is $1,000 less than the
	sum of the maximum combined annual salary from all state and county
	sources paid to a district judge entitled to a salary under Section
	659.012(b)(2) and any longevity pay received by a district judge in
	accordance with Section 659.0445(d).
	SECTION 6.  Section 25.2607(d), Government Code, is amended
	to read as follows:
	(d)  Notwithstanding Section 25.0015, the state shall
	annually compensate the administrative county of a multicounty
	statutory county court for the salary of the judge of the
	multicounty statutory county court in an amount equal to 100
	percent of the state base salary paid to [of] a district [court]
	judge as set by the General Appropriations Act in accordance with
	Section 659.012(a) [in the county for the salary of the judge of the
	multicounty statutory county court].
	SECTION 7.  Section 26.006(a), Government Code, is amended
	to read as follows:
	(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.
	SECTION 8.  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
	annual salary as set by [compensation provided for a district judge
	in] the General Appropriations Act in accordance with Section
	659.012 paid to a district judge with comparable years of service as
	the district attorney or criminal district attorney.
	SECTION 9.  Section 46.001(2), Government Code, is amended
	to read as follows:
	(2)  "Benchmark salary" means the state annual salary
	as set by [that is provided for a district judge in] the General
	Appropriations Act in accordance with Section 659.012 paid to a
	district judge with comparable years of service as the county
	prosecutor.
	SECTION 10.  Section 46.003, Government Code, is amended by
	amending Subsection (a) and adding Subsections (c) and (d) 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 annual salary as set by
	[compensation that is provided for a district judge in] the General
	Appropriations Act in accordance with Section 659.012 paid to a
	district judge with comparable years of service as the state
	prosecuting attorney or state prosecutor.
	(c)  Notwithstanding Subsection (a), if the amount of a state
	prosecutor's total annual salary from state and county sources
	exceeds the amount of the maximum combined base salary from all
	state and county sources provided by Section 659.012 for a district
	judge with comparable years of service as the state prosecutor, the
	comptroller shall reduce the state prosecutor's state annual salary
	by the amount equal to the excess amount, except that the
	comptroller may not reduce the state prosecutor's state annual
	salary to an amount that is less than the state base salary paid to a
	district judge as set by the General Appropriations Act in
	accordance with Section 659.012(a).
	(d)  The comptroller shall calculate the amount of the state
	annual salary to be paid to a state prosecutor under this section
	for a state fiscal year based on sworn statements the state
	prosecutor files annually with the comptroller at the time and in
	the manner the comptroller requires that specify the amount of
	county compensation to be paid to the state prosecutor for that
	year.
	SECTION 11.  Section 46.0031(d), Government Code, is amended
	to read as follows:
	(d)  At least annually the comptroller shall pay to the
	salary fund of each county that is entitled to receive funds under
	this section an amount authorized under this section to supplement
	the salary of the county prosecutor. For purposes of calculating
	that amount, the comptroller shall use the benchmark salary
	applicable to the county prosecutor on September 1 of the state
	fiscal year in which the payment is made.
	SECTION 12.  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 13.  Sections 74.003(b), (c), and (e), Government
	Code, are amended to read as follows:
	(b)  The chief justice of the supreme court may assign a
	qualified former or retired justice or judge of the supreme court,
	of the court of criminal appeals, or of a court of appeals to a court
	of appeals for active service regardless of whether a vacancy
	exists in the court to which the justice or judge is assigned. To be
	eligible for assignment under this subsection, a former or retired
	justice or judge must:
	(1)  have served as an active justice or judge for at
	least 96 months in a district, statutory probate, statutory county,
	or appellate court, with at least 48 of those months in an appellate
	court;
	(2)  not have been removed from office;
	(3)  certify under oath to the chief justice of the
	supreme court, on a form prescribed by the chief justice, that:
	(A)  the justice or judge has never been publicly
	reprimanded or censured by the State Commission on Judicial
	Conduct; and
	(B)  the justice or judge:
	(i)  did not resign or retire from office
	after the State Commission on Judicial Conduct notified the justice
	or judge of the commencement of a full investigation into an
	allegation or appearance of misconduct or disability of the justice
	or judge as provided in Section 33.022 and before the final
	disposition of that investigation; or
	(ii)  if the justice or judge did resign from
	office under circumstances described by Subparagraph (i), the
	justice or judge was not publicly reprimanded or censured as a
	result of the investigation;
	(4)  annually demonstrate that the justice or judge has
	completed in the past state fiscal year the educational
	requirements for active appellate court justices or judges; and
	(5)  certify to the chief justice of the supreme court a
	willingness not to appear and plead as an attorney in any court in
	this state for a period of two years.
	(c)  An active, former, or retired justice or judge assigned
	as provided by this section out of the county of the justice's or
	judge's [his] residence is entitled to receive the same expenses
	and per diem as those allowed a district judge assigned as provided
	by Subchapter C. The state shall pay the expenses and per diem on
	certificates of approval by the chief justice of the supreme court
	or the chief justice of the court of appeals to which the justice or
	judge is assigned. The compensation authorized by this subsection
	is in addition to all other compensation authorized by law.
	(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. A former 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 from the
	state received by a justice of the court of appeals to which
	assigned, and from county sources, an amount equal to the
	compensation received from county sources by a justice of the court
	of appeals to which assigned.  For purposes of determining the
	amount to be paid to a former or 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 by the General
	Appropriations Act in accordance with Section 659.012(a).
	SECTION 14.  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 15.  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 sum of the regular judge's salary
	from the county plus 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].
	(i)  Notwithstanding Subsection (d), 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 16.  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 17.  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:
	(A)  contributing service credit in the Judicial
	Retirement System of Texas Plan One or the Judicial Retirement
	System of Texas Plan Two;
	(B)  service as a judge of a statutory county
	court, multicounty statutory county court, or statutory probate
	court; or
	(C)  combined contributing service credit and
	service as provided by Paragraphs (A) and (B); and
	(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:
	(A)  contributing service credit in the Judicial
	Retirement System of Texas Plan One or the Judicial Retirement
	System of Texas Plan Two;
	(B)  service as a judge of a statutory county
	court, multicounty statutory county court, or statutory probate
	court; or
	(C)  combined contributing service credit and
	service as provided by Paragraphs (A) and (B).
	(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.
	(f)  For purposes of Subsection (b), "contributing service
	credit" means service credit established in the:
	(1)  Judicial Retirement System of Texas Plan One under
	Section 833.101 or 833.106 for each month of service in which the
	member held a judicial office described by Section 832.001(a),
	including service credit established under either section that was
	previously canceled but reestablished under Section 833.102; or
	(2)  Judicial Retirement System of Texas Plan Two under
	Section 838.101 or 838.106 for each month of service in which the
	member held a judicial office described by Section 837.001(a),
	including service credit established under either section that was
	previously canceled but reestablished under Section 838.102.
	SECTION 18.  Section 659.0125, Government Code, is amended
	by amending Subsection (c) and adding Subsection (d) to read as
	follows:
	(c)  A retired judge appointed to an MDL pretrial court, as
	defined by Section 90.001, Civil Practice and Remedies Code, is
	entitled to receive the same compensation and benefits to which a
	district judge is entitled from the state. For purposes of this
	subsection, the compensation to which a district judge is entitled
	from the state is the amount equal to the state base salary paid to a
	district judge as set by the General Appropriations Act in
	accordance with Section 659.012(a).
	(d)  A former or retired judge or justice assigned under
	Chapter 74 or 75 to a matter referred to an MDL pretrial court, as
	defined by Section 90.001, Civil Practice and Remedies Code, is
	entitled to receive the same compensation and benefits to which a
	former or retired judge or justice assigned under Chapter 74 is
	entitled under Section 74.061.
	SECTION 19.  Section 659.0445(b), Government Code, is
	amended to read as follows:
	(b)  The monthly amount of longevity pay under this section
	to which a judge or justice described by Subsection (a) is entitled:
	(1)  is equal to the product of 0.05 [.031] multiplied
	by the amount of the judge's or justice's current monthly state
	salary; and
	(2)  becomes payable beginning with the month following
	the month in which the judge or justice completes 12 [16] years of
	service for which credit is established in the applicable
	retirement system.
	SECTION 20.  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 (a-1) or (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 2.3 [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).
	(a-1)  Except as provided by Subsection (b), the standard
	service retirement annuity for service credited in the elected
	class of membership for a member of the class under Section
	812.002(a)(3) whose effective date of retirement is on or after
	September 1, 2019, is an amount equal to the number of years of
	service credit in that class, times 2.3 percent of the state salary,
	excluding longevity pay payable under Section 659.0445 and as
	adjusted from time to time, being paid in accordance with Section
	659.012 to a district judge who has the same number of years of
	contributing service credit as the member on the member's last day
	of service as a district or criminal district attorney, as
	applicable.
	(b)  The standard service retirement annuity for service
	credited in the elected class may not exceed at any time 100 percent
	of the state salary of [being paid] a district judge on which the
	annuity is based under Subsection (a) or (a-1), as applicable.
	(c)  For purposes of this section, "contributing service
	credit" with respect to:
	(1)  a member means service credit established in the
	elected class under Section 813.201 or 813.402 for each month of
	service in which the member held a position described by Section
	812.002(a)(3), including service credit established under either
	section that was previously canceled but reestablished under
	Section 813.102; and
	(2)  a district judge has the meaning assigned by
	Section 659.012(f).
	SECTION 21.  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 22.  Section 834.001, Government Code, is amended to
	read as follows:
	Sec. 834.001.  TYPES OF BENEFITS. The types of benefits
	payable by the retirement system are:
	(1)  service retirement benefits; and
	(2)  [disability retirement benefits; and
	[(3)]  death benefits.
	SECTION 23.  Section 834.002, Government Code, is amended to
	read as follows:
	Sec. 834.002.  APPLICATION FOR RETIREMENT. A member may
	apply for service [or disability] retirement by filing an
	application for retirement with the board of trustees before the
	date the member wishes to retire.
	SECTION 24.  Sections 834.102(a) and (d), Government Code,
	are amended to read as follows:
	(a)  The base service retirement annuity for a person whose
	effective date of retirement is:
	(1)  before September 1, 2019, is an amount equal to 50
	percent of the state base salary, as adjusted from time to time,
	being paid in accordance with Section 659.012(a) to a judge of a
	court of the same classification as the court on which the retiree
	last served before retirement; or
	(2)  on or after September 1, 2019, 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)(2) 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) whose effective date of
	retirement is:
	(1)  before September 1, 2019, is an amount computed as
	a percentage of the state base salary, as adjusted from time to
	time, being paid in accordance with Section 659.012(a) 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:
	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; or
	(2)  on or after September 1, 2019, 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)(2) 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:
	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 834.304(c), Government Code, is amended
	to read as follows:
	(c)  A death benefit may not be paid under this section if an
	optional retirement annuity has been selected as provided by
	Section 834.103 [or 834.203].
	SECTION 26.  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 27.  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 annual salary as set by the General
	Appropriations Act in accordance with Section 659.012 being paid
	[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 held
	judicial office who has the same number of years of contributing
	service credit as the member on the member's last day of service on
	the court [was elected or appointed].
	SECTION 28.  Section 839.102, Government Code, is amended by
	amending Subsection (c) and adding Subsections (g) and (h) 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, according to the following schedule, as a percentage of
	the state annual salary as set by the General Appropriations Act in
	accordance with Section 659.012 being paid [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 held judicial office who has
	the same number of years of contributing service credit as the
	member on the member's last day of service on the court [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.
	(g)  The salary earned by a person as a visiting judge under
	Chapter 74 may not be used to determine the person's service
	retirement annuity under this section.
	(h)  For purposes of this section, "contributing service
	credit" has the meaning assigned by Section 659.012(f).
	SECTION 29.  Sections 839.201(a) and (b), Government Code,
	are amended to read as follows:
	(a)  A member, other than a member who is eligible to receive
	a service retirement annuity under Section 839.101, is eligible,
	regardless of age, to retire from regular active service for
	disability and receive a disability retirement annuity if the
	member has at least seven years of service credit in the retirement
	system.
	(b)  A member otherwise eligible may not receive a disability
	retirement annuity if the member is an active judge, as defined by
	Section 74.041 [unless the chief justice of the supreme court and
	the medical board certify that the member is mentally or physically
	incapacitated for the further performance of regular judicial
	duties].
	SECTION 30.  Section 839.202, Government Code, is amended to
	read as follows:
	Sec. 839.202.  APPLICATION FOR DISABILITY RETIREMENT
	ANNUITY [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 of
	trustees by the member's spouse, employer, or legal representative
	[who applies for retirement because of physical incapacity shall
	file with the 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)  An [The retirement system shall refer an] application
	for a disability retirement annuity may not be made:
	(1)  after the earlier of:
	(A)  the date the retirement is to become
	effective; or
	(B)  the second anniversary of the date the member
	ceased making contributions to the retirement system; or
	(2)  earlier than the 90th day before the date the
	retirement is to become effective [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)  An applicant for a disability retirement annuity must
	submit to a medical examination and provide other pertinent
	information as may be required by the retirement system [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 31.  Subchapter C, Chapter 839, Government Code, is
	amended by adding Section 839.2025 to read as follows:
	Sec. 839.2025.  DETERMINATION OF DISABILITY. (a) In
	determining whether a member is mentally or physically
	incapacitated for the further performance of regular judicial
	duties, the medical board designated under Section 840.202 may
	apply the standard prescribed by Section 814.203.
	(b)  A retiree who receives a disability retirement annuity
	under this subchapter is subject to Section 814.208 to the same
	extent as a disability retiree under that subchapter.
	SECTION 32.  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 33.  Section 1551.102(f), Insurance Code, is amended
	to read as follows:
	(f)  An individual is eligible to participate in the group
	benefits program if the individual is certified and qualified as
	disabled and receives or is eligible to receive an annuity under
	Section 814.202, 814.207, 824.302, only as to higher education,
	[834.201,] or 839.201, Government Code.
	SECTION 34.  The following provisions of the Government Code
	are repealed:
	(1)  Sections 25.2292(f) and (g);
	(2)  Section 834.003;
	(3)  Subchapter C, Chapter 834; and
	(4)  Section 840.202(c).
	SECTION 35.  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 36.  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 a
	disability retirement annuity 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 37.  The comptroller of public accounts is required
	to implement a provision of this Act only if the legislature
	appropriates money specifically for that purpose.  If the
	legislature does not appropriate money specifically for that
	purpose, the comptroller may, but is not required to, implement a
	provision of this Act using other appropriations available for that
	purpose.
	SECTION 38.  This Act takes effect September 1, 2019.
	* * * * *