1 | 1 | | S.B. No. 497 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to compensation paid to certain judges and justices. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. Subsection (b), Section 26.006, Government Code, |
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8 | 8 | | is amended to read as follows: |
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9 | 9 | | (b) To receive a supplement under Subsection (a), a county |
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10 | 10 | | judge must file with the comptroller's judiciary section [Office of |
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11 | 11 | | Court Administration of the Texas Judicial System] an affidavit |
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12 | 12 | | stating that at least 40 percent of the functions that the judge |
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13 | 13 | | performs are judicial functions. [The office of court |
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14 | 14 | | administration shall send the affidavit to the comptroller.] |
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15 | 15 | | SECTION 2. Subsection (a), Section 659.0125, Government |
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16 | 16 | | Code, is amended to read as follows: |
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17 | 17 | | (a) Notwithstanding Section 659.012 or any other law, a |
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18 | 18 | | district judge who presides over multidistrict litigation |
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19 | 19 | | involving claims for asbestos-related or silica-related injuries |
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20 | 20 | | is entitled to receive, in addition to all other compensation, |
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21 | 21 | | expenses, and perquisites authorized by law, the maximum amount of |
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22 | 22 | | compensation set by the Texas Judicial Council for a presiding |
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23 | 23 | | judge under Section 74.051(b). The annual amount must be |
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24 | 24 | | apportioned over 12 equal monthly payments and be paid to the judge |
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25 | 25 | | by the comptroller's judiciary section [Texas Judicial Council] for |
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26 | 26 | | each month during which the judge retains jurisdiction over the |
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27 | 27 | | claims. |
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28 | 28 | | SECTION 3. Section 659.0445, Government Code, is amended by |
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29 | 29 | | amending Subsection (b) and adding Subsections (d) and (e) to read |
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30 | 30 | | as follows: |
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31 | 31 | | (b) The monthly amount of longevity pay under this section |
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32 | 32 | | to which a judge or justice described by Subsection (a) is entitled: |
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33 | 33 | | (1) is equal to the product of .031 multiplied by the |
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34 | 34 | | amount of the judge's or justice's current monthly state salary [$20 |
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35 | 35 | | for each year of service credited in the applicable retirement |
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36 | 36 | | system, subject to Subsection (c)]; and |
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37 | 37 | | (2) [is calculated and] becomes payable beginning with |
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38 | 38 | | the month following the month in which the judge or justice |
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39 | 39 | | completes 16 years of service for which credit is established in the |
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40 | 40 | | applicable retirement system. |
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41 | 41 | | (d) The commissioners court of a county may provide |
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42 | 42 | | longevity pay calculated in accordance with this section to a judge |
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43 | 43 | | or justice described by Subsection (a) who: |
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44 | 44 | | (1) previously served as a statutory county court |
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45 | 45 | | judge in the county; |
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46 | 46 | | (2) is not otherwise eligible for longevity pay under |
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47 | 47 | | Subsection (b); and |
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48 | 48 | | (3) would be entitled to longevity pay under this |
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49 | 49 | | section if the service credit the judge or justice earned as a |
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50 | 50 | | statutory county court judge was established in the applicable |
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51 | 51 | | retirement system. |
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52 | 52 | | (e) Notwithstanding any other law, longevity pay that is |
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53 | 53 | | paid to a judge or justice under this section is not included as |
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54 | 54 | | part of the judge's or justice's combined salary from state and |
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55 | 55 | | county sources for purposes of the salary limitations provided by |
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56 | 56 | | Section 659.012. |
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57 | 57 | | SECTION 4. Subsection (c), Section 659.0445, Government |
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58 | 58 | | Code, is repealed. |
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59 | 59 | | SECTION 5. The changes in law made by this Act apply to |
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60 | 60 | | longevity pay payable to a judge or justice after the effective date |
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61 | 61 | | of this Act, regardless of the date the judge or justice first |
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62 | 62 | | becomes entitled to longevity pay. |
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63 | 63 | | SECTION 6. This Act takes effect September 1, 2009. |
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64 | 64 | | ______________________________ ______________________________ |
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65 | 65 | | President of the Senate Speaker of the House |
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66 | 66 | | I hereby certify that S.B. No. 497 passed the Senate on |
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67 | 67 | | March 19, 2009, by the following vote: Yeas 31, Nays 0; |
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68 | 68 | | May 29, 2009, Senate refused to concur in House amendments and |
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69 | 69 | | requested appointment of Conference Committee; May 30, 2009, House |
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70 | 70 | | granted request of the Senate; May 31, 2009, Senate adopted |
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71 | 71 | | Conference Committee Report by the following vote: Yeas 31, |
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72 | 72 | | Nays 0. |
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73 | 73 | | ______________________________ |
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74 | 74 | | Secretary of the Senate |
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75 | 75 | | I hereby certify that S.B. No. 497 passed the House, with |
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76 | 76 | | amendments, on May 27, 2009, by the following vote: Yeas 148, |
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77 | 77 | | Nays 0, one present not voting; May 30, 2009, House granted request |
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78 | 78 | | of the Senate for appointment of Conference Committee; |
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79 | 79 | | May 31, 2009, House adopted Conference Committee Report by the |
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80 | 80 | | following vote: Yeas 142, Nays 0, one present not voting. |
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81 | 81 | | ______________________________ |
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82 | 82 | | Chief Clerk of the House |
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83 | 83 | | Approved: |
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84 | 84 | | ______________________________ |
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85 | 85 | | Date |
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86 | 86 | | ______________________________ |
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87 | 87 | | Governor |
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