Texas 2017 - 85th Regular

Texas Senate Bill SB1938 Compare Versions

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11 2017S0456-1 03/09/17
22 By: Hughes S.B. No. 1938
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the method of calculating the salary of state judges.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 659.012(a), Government Code, is amended
1010 to read as follows:
1111 (a) Notwithstanding Section 659.011:
1212 (1) a judge of a district court is entitled to an
1313 annual salary from the state that is equal to 82.5 percent of the
1414 salary of a justice of the supreme court other than the chief
1515 justice [of at least $125,000], except that the combined salary of a
1616 district judge from state and county sources, including
1717 compensation for any extrajudicial services performed on behalf of
1818 the county, may not exceed the amount that is $5,000 less than the
1919 salary provided for a justice of a court of appeals other than a
2020 chief justice;
2121 (2) a justice of a court of appeals other than the
2222 chief justice is entitled to an annual salary from the state that is
2323 equal to 91 [110] percent of the salary of a justice of the supreme
2424 court other than the chief justice [district judge], except that
2525 the combined salary of a justice of the court of appeals other than
2626 the chief justice from all state and county sources, including
2727 compensation for any extrajudicial services performed on behalf of
2828 the county, may not exceed the amount that is $5,000 less than the
2929 salary provided for a justice of the supreme court;
3030 (3) a justice of the supreme court other than the chief
3131 justice or a judge of the court of criminal appeals other than the
3232 presiding judge is entitled to an annual salary from the state that
3333 is the amount as determined by Section 659.0121 [equal to 120
3434 percent of the salary of a district judge]; and
3535 (4) the chief justice or presiding judge of an
3636 appellate court is entitled to an annual salary from the state that
3737 is $2,500 more than the salary provided for the other justices or
3838 judges of the court, except that the combined salary of the chief
3939 justice of a court of appeals may not exceed the amount that is
4040 $2,500 less than the salary provided for a justice of the supreme
4141 court.
4242 SECTION 2. Subchapter B, Chapter 659, Government Code, is
4343 amended by adding Section 659.0121 to read as follows:
4444 Sec. 659.0121. DETERMINATION OF JUDICIAL SALARIES.
4545 (a) The salary of a justice of the supreme court other than the
4646 chief justice or a judge of the court of criminal appeals other than
4747 the presiding judge is equal to the sum of:
4848 (1) one-third of the average salary, on January 1, of
4949 justices, excluding chief justices, on the highest appellate courts
5050 of the nine most populous states, as determined by the decennial
5151 census, not including Texas;
5252 (2) one-third of the salary, on January 1, of a judge
5353 of a United States court of appeals; and
5454 (3) one-third of the average starting base salary, on
5555 January 1, of first-year associate attorneys employed with the five
5656 private law firms with the largest number of attorneys licensed in
5757 this state.
5858 (b) The Office of Court Administration of the Texas Judicial
5959 System shall collect and provide to the Legislative Budget Board
6060 the information described by Subsections (a)(1) and (2) not later
6161 than February 1 of each year.
6262 (c) The state bar shall collect and provide to the
6363 Legislative Budget Board the information described by Subsection
6464 (a)(3) not later than February 1 of each year.
6565 (d) The Legislative Budget Board shall calculate the salary
6666 under Subsection (a) using the information received under
6767 Subsections (b) and (c) and notify the comptroller of the amount not
6868 later than March 1 of each year.
6969 (e) On October 1 of each year, the comptroller shall adjust
7070 all salaries paid under Section 659.012 based on the amount
7171 provided by the Legislative Budget Board under Subsection (d).
7272 (f) Notwithstanding Subsection (a), the salary of a justice
7373 of the supreme court other than the chief justice or a judge of the
7474 court of criminal appeals other than the presiding judge may not
7575 increase annually by more than the greater of:
7676 (1) four percent; and
7777 (2) the percentage by which the Consumer Price Index
7878 for All Urban Consumers published by the Bureau of Labor Statistics
7979 of the United States Department of Labor, or its successor index,
8080 increased during the previous calendar year.
8181 (g) The comptroller shall publish in the Texas Register, not
8282 later than May 1 of each year, a list of all salaries to be paid
8383 under Section 659.012 effective October 1.
8484 SECTION 3. Effective August 31, 2021, Chapter 35,
8585 Government Code, is repealed.
8686 SECTION 4. Except as otherwise provided by this Act, this
8787 Act takes effect January 1, 2019.