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  86R7361 YDB/KFF-F
 
  By: Huffman S.B. No. 387
 
 
 
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.