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A BILL TO BE ENTITLED
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AN ACT
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relating to the additional compensation certain counties pay to |
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judges and justices for extrajudicial services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Notwithstanding Section 659.011 and subject |
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to Subsections (b) and (b-1): |
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(1) a judge of a district court or a division of the |
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business court is entitled to an annual base salary from the state |
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as set by the General Appropriations Act in an amount equal to at |
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least $140,000, except that the combined base salary of a district |
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judge or judge of a division of the business court from all state |
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and county sources, including compensation for any extrajudicial |
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services performed on behalf of the county, may not exceed the |
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amount that is $1,000$5,000 less than the maximum combined base |
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salary from all state and county sources for a justice of a court of |
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appeals other than a chief justice as determined under this |
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subsection; |
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(2) except as provided by Subdivision (3), a justice |
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of a court of appeals other than the chief justice is entitled to an |
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annual base salary from the state in the amount equal to 110 percent |
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of the state base salary of a district judge as set by the General |
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Appropriations Act, except that the combined base salary of a |
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justice of the court of appeals other than the chief justice from |
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all state and county sources, including compensation for any |
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extrajudicial services performed on behalf of the county, may not |
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exceed the amount that is $1,000$5,000 less than the base salary |
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for a justice of the supreme court as determined under this |
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subsection; |
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(3) a justice of the Court of Appeals for the Fifteenth |
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Court of Appeals District other than the chief justice is entitled |
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to an annual base salary from the state in the amount equal to |
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$1,000$5,000 less than 120 percent of the state base salary of a |
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district judge as set by the General Appropriations Act; |
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(4) 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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in the amount equal to 120 percent of the state base salary of a |
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district judge as set by the General Appropriations Act; and |
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(5) 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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$1,500$2,500 less than the base salary for a justice of the supreme |
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court as determined under this subsection. |
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(b) A judge or justice for whom the amount of a state base |
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salary is prescribed by Subsection (a) is entitled to an annual |
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salary from the state in the amount equal to: |
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(1) 110 percent of the state base salary paid in |
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accordance with Subsection (a) for the judge's or justice's |
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position, beginning with the pay period that begins after the judge |
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or justice accrues four years of: |
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(A) contributing service credit in the Judicial |
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Retirement System of Texas Plan One or the Judicial Retirement |
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System of Texas Plan Two; |
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(B) service as a judge or a full-time associate |
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judge of a district court, statutory county court, multicounty |
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statutory county court, or statutory probate court or as a district |
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attorney, criminal district attorney, or county attorney; or |
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(C) combined contributing service credit and |
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service as provided by Paragraphs (A) and (B); and |
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(2) 120 percent of the state base salary paid in |
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accordance with Subsection (a) for the judge's or justice's |
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position, beginning with the pay period that begins after the judge |
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or justice accrues eight years of: |
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(A) contributing service credit in the Judicial |
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Retirement System of Texas Plan One or the Judicial Retirement |
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System of Texas Plan Two; |
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(B) service as a judge or a full-time associate |
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judge of a district court, statutory county court, multicounty |
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statutory county court, or statutory probate court or as a district |
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attorney, criminal district attorney, or county attorney; or |
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(C) combined contributing service credit and |
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service as provided by Paragraphs (A) and (B). |
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(b-1) A limitation on the combined base salary from all |
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state and county sources prescribed by Subsection (a)(1) or (2) |
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applies to a judge or justice to whom Subsection (b) applies, except |
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that the amount by which the annual salary from the state paid to |
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the judge or justice in accordance with Subsection (b) exceeds the |
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amount of the state base salary for the judge's or justice's |
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position set by the General Appropriations Act in accordance with |
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Subsection (a) is not included as part of the judge's or justice's |
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combined base salary from all state and county sources for purposes |
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of determining whether the judge's or justice's salary exceeds the |
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limitation. |
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(c) To the extent of any conflict, the salary limitations |
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provided by Subsection (a) for the combined base salary of a state |
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judge or justice from state and local sources prevail over any |
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provision of Chapter 31 or 32 that authorizes the payment of |
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additional compensation to a state judge or justice. |
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(d) Notwithstanding any other provision in this section or |
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other law, in a county with more than five district courts, a |
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district judge who serves as a local administrative district judge |
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under Section 74.091 is entitled to an annual base salary from the |
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state in the amount equal to $5,000 more than the maximum salary |
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from the state to which the judge is otherwise entitled under |
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Subsection (a) or (b). |
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(e) For the purpose of salary payments by the state, the |
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comptroller shall determine from sworn statements filed by the |
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justices of the courts of appeals, district judges, and business |
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court judges that the required salary limitations provided by |
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Subsection (a) are maintained. If the state base salary for a judge |
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or justice prescribed by Subsection (a) combined with additional |
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compensation from a county would exceed the limitations provided by |
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Subsection (a), the comptroller shall reduce the salary payment |
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made by the state by the amount of the excess. |
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(f) For purposes of Subsection (b), "contributing service |
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credit" means service credit established in the: |
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(1) Judicial Retirement System of Texas Plan One under |
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Section 833.101 or 833.106 for each month of service in which the |
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member held a judicial office described by Section 832.001(a), |
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including service credit established under either section that was |
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previously canceled but reestablished under Section 833.102; or |
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(2) Judicial Retirement System of Texas Plan Two under |
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Section 838.101 or 838.106 for each month of service in which the |
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member held a judicial office described by Section 837.001(a), |
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including service credit established under either section that was |
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previously canceled but reestablished under Section 838.102. |
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(g) In addition to the state salary provided under |
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Subsection (a) or (b), a judge of the division of a business court |
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is entitled to additional compensation from the state equal to the |
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maximum amount a district judge may be paid by a county under |
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Section 32.001 and Subsection (a). |
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SECTION 2. The changes in law made by this Act apply |
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beginning with the state fiscal biennium beginning September 1, |
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2025. |
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SECTION 3. This Act takes effect September 1, 2025. |