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A BILL TO BE ENTITLED
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AN ACT
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relating to the annual base salaries of state judges and justices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 659.012(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 659.011 and subject to |
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Subsections (b) and (b-1) and Section 659.0121(c): |
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(1) a judge of a district court is entitled to an |
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annual base salary from the state in the amount equal to 82.5 |
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percent of the state base salary of a justice of the supreme court |
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other than the chief justice [as set by the General Appropriations |
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Act in an amount equal to at least $140,000], except that the |
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combined base salary of a district judge from all state and county |
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sources, including compensation for any extrajudicial services |
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performed on behalf of the county, may not exceed the amount that is |
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$5,000 less than the maximum combined base salary from all state and |
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county sources for a justice of a court of appeals other than a |
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chief justice as determined under this subsection; |
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(2) a justice of a court of appeals other than the |
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chief justice is entitled to an annual base salary from the state in |
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the amount equal to 91 [110] percent of the state base salary of a |
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justice of the supreme court other than the chief justice [district |
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judge as set by the General Appropriations Act], except that the |
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combined base salary of a justice of the court of appeals other than |
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the chief justice from all state and county sources, including |
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compensation for any extrajudicial services performed on behalf of |
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the county, may not exceed the amount that is $5,000 less than the |
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base salary for a justice of the supreme court other than the chief |
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justice as determined under this subsection; |
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(3) a justice of the supreme court other than the chief |
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justice or a judge of the court of criminal appeals other than the |
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presiding judge is entitled to an annual base salary from the state |
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that is the amount determined under Section 659.0121 [in the amount |
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equal to 120 percent of the state base salary of a district judge as |
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set by the General Appropriations Act]; and |
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(4) the chief justice or presiding judge of an |
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appellate court is entitled to an annual base salary from the state |
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in the amount equal to $2,500 more than the state base salary |
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provided for the other justices or judges of the court, except that |
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the combined base salary of the chief justice of a court of appeals |
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from all state and county sources may not exceed the amount equal to |
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$2,500 less than the base salary for a justice of the supreme court |
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other than the chief justice as determined under this subsection. |
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SECTION 2. Subchapter B, Chapter 659, Government Code, is |
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amended by adding Section 659.0121 to read as follows: |
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Sec. 659.0121. DETERMINATION OF JUDICIAL SALARIES. (a) |
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The Legislative Budget Board shall: |
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(1) not later than December 31 of each even-numbered |
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year: |
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(A) calculate for each year of the succeeding |
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state fiscal biennium and in the manner specified by Subsection (b) |
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the annual base salary from the state for purposes of Section |
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659.012(a)(3) of a justice of the supreme court other than the chief |
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justice or a judge of the court of criminal appeals other than the |
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presiding judge; and |
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(B) calculate all other annual salaries to be |
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paid by the state under Section 659.012 for each year of the |
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succeeding state fiscal biennium based on the amount calculated |
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under Paragraph (A); and |
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(2) include the amounts calculated under Subdivision |
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(1) in the next general appropriations bill that is prepared and |
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transmitted in accordance with Section 322.008. |
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(b) The annual base salary from the state the Legislative |
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Budget Board is required to calculate under Subsection (a)(1)(A) is |
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an amount equal to the sum of: |
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(1) the annual base salary from the state paid under |
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Section 659.012(a)(3) to a justice of the supreme court other than |
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the chief justice or a judge of the court of criminal appeals other |
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than the presiding judge in the current state fiscal year; and |
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(2) the annual base salary described by Subdivision |
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(1) multiplied by the percentage change during the preceding two |
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state fiscal years in the Consumer Price Index for All Urban |
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Consumers published by the United States Bureau of Labor Statistics |
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or its successor index. |
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(c) If the legislature determines that the estimated |
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revenue available for judicial salaries in a state fiscal biennium |
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is insufficient to satisfy the annual base salaries included in the |
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general appropriations bill as required by Subsection (a)(2) for |
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that biennium, the legislature may reduce the annual base salary |
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from the state to be paid under Section 659.012(a)(3) to a justice |
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of the supreme court other than the chief justice and a judge of the |
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court of criminal appeals other than the presiding judge during the |
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biennium to an amount that, when the salaries of the justices and |
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judges are added to all other annual base salaries calculated in |
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accordance with Section 659.012, results in a total of judicial |
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salaries under that section that is within the estimated revenue |
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available. |
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SECTION 3. Chapter 35, Government Code, is repealed. |
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SECTION 4. The Legislative Budget Board shall: |
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(1) make the initial salary calculations required by |
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Section 659.0121(a)(1), Government Code, as added by this Act, not |
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later than December 31, 2022; and |
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(2) include the salaries calculated as required by |
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Subdivision (1) of this section in the general appropriations bill |
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for the state fiscal biennium beginning September 1, 2023, that is |
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prepared and transmitted in accordance with Section 322.008, |
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Government Code. |
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SECTION 5. This Act takes effect September 1, 2021. |