S.B. No. 497
AN ACT
relating to compensation paid to certain judges and justices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 26.006, Government Code,
is amended to read as follows:
(b) To receive a supplement under Subsection (a), a county
judge must file with the comptroller's judiciary section [Office of
Court Administration of the Texas Judicial System] an affidavit
stating that at least 40 percent of the functions that the judge
performs are judicial functions. [The office of court
administration shall send the affidavit to the comptroller.]
SECTION 2. Subsection (a), Section 659.0125, Government
Code, is amended to read as follows:
(a) Notwithstanding Section 659.012 or any other law, a
district judge who presides over multidistrict litigation
involving claims for asbestos-related or silica-related injuries
is entitled to receive, in addition to all other compensation,
expenses, and perquisites authorized by law, the maximum amount of
compensation set by the Texas Judicial Council for a presiding
judge under Section 74.051(b). The annual amount must be
apportioned over 12 equal monthly payments and be paid to the judge
by the comptroller's judiciary section [Texas Judicial Council] for
each month during which the judge retains jurisdiction over the
claims.
SECTION 3. Section 659.0445, Government Code, is amended by
amending Subsection (b) and adding Subsections (d) and (e) 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 .031 multiplied by the
amount of the judge's or justice's current monthly state salary [$20
for each year of service credited in the applicable retirement
system, subject to Subsection (c)]; and
(2) [is calculated and] becomes payable beginning with
the month following the month in which the judge or justice
completes 16 years of service for which credit is established in the
applicable retirement system.
(d) The commissioners court of a county may provide
longevity pay calculated in accordance with this section to a judge
or justice described by Subsection (a) who:
(1) previously served as a statutory county court
judge in the county;
(2) is not otherwise eligible for longevity pay under
Subsection (b); and
(3) would be entitled to longevity pay under this
section if the service credit the judge or justice earned as a
statutory county court judge was established in the applicable
retirement system.
(e) Notwithstanding any other law, longevity pay that is
paid to a judge or justice under this section is not included as
part of the judge's or justice's combined salary from state and
county sources for purposes of the salary limitations provided by
Section 659.012.
SECTION 4. Subsection (c), Section 659.0445, Government
Code, is repealed.
SECTION 5. The changes in law made by this Act apply to
longevity pay payable to a judge or justice after the effective date
of this Act, regardless of the date the judge or justice first
becomes entitled to longevity pay.
SECTION 6. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 497 passed the Senate on
March 19, 2009, by the following vote: Yeas 31, Nays 0;
May 29, 2009, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 2009, House
granted request of the Senate; May 31, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 497 passed the House, with
amendments, on May 27, 2009, by the following vote: Yeas 148,
Nays 0, one present not voting; May 30, 2009, House granted request
of the Senate for appointment of Conference Committee;
May 31, 2009, House adopted Conference Committee Report by the
following vote: Yeas 142, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor