1 | 1 | | 2017S0456-1 03/09/17 |
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2 | 2 | | By: Hughes S.B. No. 1938 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the method of calculating the salary of state judges. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 659.012(a), Government Code, is amended |
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10 | 10 | | to read as follows: |
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11 | 11 | | (a) Notwithstanding Section 659.011: |
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12 | 12 | | (1) a judge of a district court is entitled to an |
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13 | 13 | | annual salary from the state that is equal to 82.5 percent of the |
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14 | 14 | | salary of a justice of the supreme court other than the chief |
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15 | 15 | | justice [of at least $125,000], except that the combined salary of a |
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16 | 16 | | district judge from state and county sources, including |
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17 | 17 | | compensation for any extrajudicial services performed on behalf of |
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18 | 18 | | the county, may not exceed the amount that is $5,000 less than the |
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19 | 19 | | salary provided for a justice of a court of appeals other than a |
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20 | 20 | | chief justice; |
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21 | 21 | | (2) a justice of a court of appeals other than the |
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22 | 22 | | chief justice is entitled to an annual salary from the state that is |
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23 | 23 | | equal to 91 [110] percent of the salary of a justice of the supreme |
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24 | 24 | | court other than the chief justice [district judge], except that |
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25 | 25 | | the combined salary of a justice of the court of appeals other than |
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26 | 26 | | the chief justice from all state and county sources, including |
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27 | 27 | | compensation for any extrajudicial services performed on behalf of |
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28 | 28 | | the county, may not exceed the amount that is $5,000 less than the |
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29 | 29 | | salary provided for a justice of the supreme court; |
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30 | 30 | | (3) a justice of the supreme court other than the chief |
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31 | 31 | | justice or a judge of the court of criminal appeals other than the |
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32 | 32 | | presiding judge is entitled to an annual salary from the state that |
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33 | 33 | | is the amount as determined by Section 659.0121 [equal to 120 |
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34 | 34 | | percent of the salary of a district judge]; and |
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35 | 35 | | (4) the chief justice or presiding judge of an |
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36 | 36 | | appellate court is entitled to an annual salary from the state that |
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37 | 37 | | is $2,500 more than the salary provided for the other justices or |
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38 | 38 | | judges of the court, except that the combined salary of the chief |
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39 | 39 | | justice of a court of appeals may not exceed the amount that is |
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40 | 40 | | $2,500 less than the salary provided for a justice of the supreme |
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41 | 41 | | court. |
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42 | 42 | | SECTION 2. Subchapter B, Chapter 659, Government Code, is |
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43 | 43 | | amended by adding Section 659.0121 to read as follows: |
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44 | 44 | | Sec. 659.0121. DETERMINATION OF JUDICIAL SALARIES. |
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45 | 45 | | (a) The salary of a justice of the supreme court other than the |
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46 | 46 | | chief justice or a judge of the court of criminal appeals other than |
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47 | 47 | | the presiding judge is equal to the sum of: |
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48 | 48 | | (1) one-third of the average salary, on January 1, of |
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49 | 49 | | justices, excluding chief justices, on the highest appellate courts |
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50 | 50 | | of the nine most populous states, as determined by the decennial |
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51 | 51 | | census, not including Texas; |
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52 | 52 | | (2) one-third of the salary, on January 1, of a judge |
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53 | 53 | | of a United States court of appeals; and |
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54 | 54 | | (3) one-third of the average starting base salary, on |
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55 | 55 | | January 1, of first-year associate attorneys employed with the five |
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56 | 56 | | private law firms with the largest number of attorneys licensed in |
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57 | 57 | | this state. |
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58 | 58 | | (b) The Office of Court Administration of the Texas Judicial |
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59 | 59 | | System shall collect and provide to the Legislative Budget Board |
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60 | 60 | | the information described by Subsections (a)(1) and (2) not later |
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61 | 61 | | than February 1 of each year. |
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62 | 62 | | (c) The state bar shall collect and provide to the |
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63 | 63 | | Legislative Budget Board the information described by Subsection |
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64 | 64 | | (a)(3) not later than February 1 of each year. |
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65 | 65 | | (d) The Legislative Budget Board shall calculate the salary |
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66 | 66 | | under Subsection (a) using the information received under |
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67 | 67 | | Subsections (b) and (c) and notify the comptroller of the amount not |
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68 | 68 | | later than March 1 of each year. |
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69 | 69 | | (e) On October 1 of each year, the comptroller shall adjust |
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70 | 70 | | all salaries paid under Section 659.012 based on the amount |
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71 | 71 | | provided by the Legislative Budget Board under Subsection (d). |
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72 | 72 | | (f) Notwithstanding Subsection (a), the salary of a justice |
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73 | 73 | | of the supreme court other than the chief justice or a judge of the |
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74 | 74 | | court of criminal appeals other than the presiding judge may not |
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75 | 75 | | increase annually by more than the greater of: |
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76 | 76 | | (1) four percent; and |
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77 | 77 | | (2) the percentage by which the Consumer Price Index |
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78 | 78 | | for All Urban Consumers published by the Bureau of Labor Statistics |
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79 | 79 | | of the United States Department of Labor, or its successor index, |
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80 | 80 | | increased during the previous calendar year. |
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81 | 81 | | (g) The comptroller shall publish in the Texas Register, not |
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82 | 82 | | later than May 1 of each year, a list of all salaries to be paid |
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83 | 83 | | under Section 659.012 effective October 1. |
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84 | 84 | | SECTION 3. Effective August 31, 2021, Chapter 35, |
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85 | 85 | | Government Code, is repealed. |
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86 | 86 | | SECTION 4. Except as otherwise provided by this Act, this |
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87 | 87 | | Act takes effect January 1, 2019. |
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