Texas 2019 - 86th Regular

Texas House Bill HB2384 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2384
	1	+	By: Leach, et al. H.B. No. 2384
	2	+	(Senate Sponsor - Huffman, Zaffirini)
	3	+	(In the Senate - Received from the House May 1, 2019;
	4	+	May 3, 2019, read first time and referred to Committee on State
	5	+	Affairs; May 19, 2019, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 19, 2019, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2384 By: Huffman
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to judicial compensation and assignment, the
6	15		contributions to, benefits from, membership in, and administration
7	16		of the Judicial Retirement System of Texas Plan One and Plan Two,
8	17		and the compensation and retirement benefits of certain prosecutors
9	18		and other members of the elected class of the Employees Retirement
10	19		System of Texas.
11	20		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	21		SECTION 1. Section 201.105(a), Family Code, is amended to
13	22		read as follows:
14	23		(a) An associate judge appointed under this subchapter is
15	24		entitled to a salary in the amount equal to [be determined by a
16	25		majority vote of the presiding judges of the administrative
17	26		judicial regions. The salary may not exceed] 90 percent of the
18	27		state base salary paid to a district judge as set by the General
19	28		Appropriations Act in accordance with Section 659.012(a),
20	29		Government Code.
21	30		SECTION 2. Section 201.205(a), Family Code, is amended to
22	31		read as follows:
23	32		(a) An associate judge appointed under this subchapter is
24	33		entitled to a salary in the amount equal to [as determined by a
25	34		majority vote of the presiding judges of the administrative
26	35		judicial regions. The salary may not exceed] 90 percent of the
27	36		state base salary paid to a district judge as set by the [state]
28	37		General Appropriations Act in accordance with Section 659.012(a),
29	38		Government Code.
30	39		SECTION 3. Section 25.0005, Government Code, is amended by
31	40		amending Subsection (a) and adding Subsections (a-1) and (a-2) to
32	41		read as follows:
33	42		(a) A statutory county court judge, other than a statutory
34	43		county court judge who engages in the private practice of law, shall
35	44		be paid a total annual salary set by the commissioners court at an
36	45		amount that is not less than $1,000 less than the sum of the [total]
37	46		annual salary as set by the General Appropriations Act in
38	47		accordance with Section 659.012 paid to [received by] a district
39	48		judge with comparable years of service as the statutory county
40	49		court judge and any state or county [in the county. A district
41	50		judge's or statutory county court judge's total annual salary
42	51		includes] contributions and supplements paid to a district judge in
43	52		the county, [paid by the state or a county,] other than
44	53		contributions received as compensation under Section 74.051. A
45	54		statutory county court judge's total annual salary includes any
46	55		state or county contributions and supplements paid to the judge.
47	56		For purposes of this subsection, the years of service of a statutory
48	57		county court judge include any years of service as an appellate
49	58		court, district court, multicounty statutory county court, or
50	59		statutory probate court justice or judge.
51	60		(a-1) The minimum salary prescribed by Subsection (a) that
52	61		is to be based on the annual salary of a district judge under
53	62		Section 659.012(b) becomes effective on the first day of the
54	63		county's fiscal year following the date the statutory county court
55	64		judge accrues the years of service required for an increase in
56	65		salary under Subsection (a).
57	66		(a-2) Notwithstanding Subsection (a), the maximum annual
58	67		salary of a statutory county court judge is $1,000 less than the sum
59	68		of the maximum combined annual salary from all state and county
60	69		sources paid to a district judge entitled to a salary under Section
61	70		659.012(b)(2) and any longevity pay received by a district judge in
62	71		accordance with Section 659.0445(d).
63	72		SECTION 4. Section 25.0015, Government Code, is amended to
64	73		read as follows:
65	74		Sec. 25.0015. STATE CONTRIBUTION. [(a)] Beginning on the
66	75		first day of the state fiscal year, the state shall annually
67	76		compensate each county in an amount equal to 60 percent of the state
68	77		base salary paid to [of] a district [court] judge as set by the
69	78		General Appropriations Act in accordance with Section 659.012(a)
70	79		[in the county] for each statutory county court judge in the county
71	80		who:
72	81		(1) does not engage in the private practice of law; and
73	82		(2) presides over a court with at least the
74	83		jurisdiction provided by Section 25.0003.
75	84		SECTION 5. Section 25.0023, Government Code, is amended by
76	85		amending Subsection (a) and adding Subsections (a-1) and (a-2) to
77	86		read as follows:
78	87		(a) The commissioners court shall set the total annual
79	88		salary of each judge of a statutory probate court at an amount that
80	89		is at least equal to the sum of the [total] annual salary as set by
81	90		the General Appropriations Act in accordance with Section 659.012
82	91		paid to [received by] a district judge with comparable years of
83	92		service as the statutory probate court judge and any state or county
84	93		[in the county. A district judge's or statutory probate court
85	94		judge's total annual salary includes] contributions and
86	95		supplements paid to a district judge in the county [by the state or
87	96		a county], other than contributions received as compensation under
88	97		Section 74.051 [25.0022(e)]. A statutory probate court judge's
89	98		total annual salary includes any state or county contributions and
90	99		supplements paid to the judge, other than contributions paid under
91	100		Section 25.0022(e). For purposes of this subsection, the years of
92	101		service of a statutory probate court judge include any years of
93	102		service as an appellate court, district court, multicounty
94	103		statutory county court, or statutory county court justice or judge.
95	104		(a-1) The minimum salary prescribed by Subsection (a) that
96	105		is to be based on the annual salary of a district judge under
97	106		Section 659.012(b) becomes effective on the first day of the
98	107		county's fiscal year following the date the judge accrues the years
99	108		of service required for an increase in salary under Subsection (a).
100	109		(a-2) Notwithstanding Subsection (a), the maximum annual
101	110		salary of a statutory probate court judge is $1,000 less than the
102	111		sum of the maximum combined annual salary from all state and county
103	112		sources paid to a district judge entitled to a salary under Section
104	113		659.012(b)(2) and any longevity pay received by a district judge in
105	114		accordance with Section 659.0445(d).
106	115		SECTION 6. Section 25.2607(d), Government Code, is amended
107	116		to read as follows:
108	117		(d) Notwithstanding Section 25.0015, the state shall
109	118		annually compensate the administrative county of a multicounty
110	119		statutory county court for the salary of the judge of the
111	120		multicounty statutory county court in an amount equal to 100
112	121		percent of the state base salary paid to [of] a district [court]
113	122		judge as set by the General Appropriations Act in accordance with
114	123		Section 659.012(a) [in the county for the salary of the judge of the
115	124		multicounty statutory county court].
116	125		SECTION 7. Section 26.006(a), Government Code, is amended
117	126		to read as follows:
118	127		(a) A county judge is entitled to an annual salary
119	128		supplement from the state in an amount equal to 18 percent of the
120	129		state base salary paid to [annual compensation provided for] a
121	130		district judge as set by [in] the General Appropriations Act in
122	131		accordance with Section 659.012(a) if at least 40 percent of the
123	132		functions that the judge performs are judicial functions.
124	133		SECTION 8. Section 41.013, Government Code, is amended to
125	134		read as follows:
126	135		Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. Except
127	136		as otherwise provided by law, a district attorney or criminal
128	137		district attorney is entitled to receive from the state annual
129	138		compensation in an amount equal to at least 80 percent of the state
130	139		annual salary as set by [compensation provided for a district judge
131	140		in] the General Appropriations Act in accordance with Section
132	141		659.012 paid to a district judge with comparable years of service as
133	142		the district attorney or criminal district attorney.
134	143		SECTION 9. Section 46.001(2), Government Code, is amended
135	144		to read as follows:
136	145		(2) "Benchmark salary" means the state annual salary
137	146		as set by [that is provided for a district judge in] the General
138	147		Appropriations Act in accordance with Section 659.012 paid to a
139	148		district judge with comparable years of service as the county
140	149		prosecutor.
141	150		SECTION 10. Section 46.003, Government Code, is amended by
142	151		amending Subsection (a) and adding Subsections (c) and (d) to read
143	152		as follows:
144	153		(a) The state prosecuting attorney and each state
145	154		prosecutor is entitled to receive from the state a salary in an
146	155		amount [compensation] equal to the state annual salary as set by
147	156		[compensation that is provided for a district judge in] the General
148	157		Appropriations Act in accordance with Section 659.012 paid to a
149	158		district judge with comparable years of service as the state
150	159		prosecuting attorney or state prosecutor.
151	160		(c) Notwithstanding Subsection (a), if the amount of a state
152	161		prosecutor's total annual salary from state and county sources
153	162		exceeds the amount of the maximum combined base salary from all
154	163		state and county sources provided by Section 659.012 for a district
155	164		judge with comparable years of service as the state prosecutor, the
156	165		comptroller shall reduce the state prosecutor's state annual salary
157	166		by the amount equal to the excess amount, except that the
158	167		comptroller may not reduce the state prosecutor's state annual
159	168		salary to an amount that is less than the state base salary paid to a
160	169		district judge as set by the General Appropriations Act in
161	170		accordance with Section 659.012(a).
162	171		(d) The comptroller shall calculate the amount of the state
163	172		annual salary to be paid to a state prosecutor under this section
164	173		for a state fiscal year based on sworn statements the state
165	174		prosecutor files annually with the comptroller at the time and in
166	175		the manner the comptroller requires that specify the amount of
167	176		county compensation to be paid to the state prosecutor for that
168	177		year.
169	178		SECTION 11. Section 46.0031(d), Government Code, is amended
170	179		to read as follows:
171	180		(d) At least annually the comptroller shall pay to the
172	181		salary fund of each county that is entitled to receive funds under
173	182		this section an amount authorized under this section to supplement
174	183		the salary of the county prosecutor. For purposes of calculating
175	184		that amount, the comptroller shall use the benchmark salary
176	185		applicable to the county prosecutor on September 1 of the state
177	186		fiscal year in which the payment is made.
178	187		SECTION 12. Section 54.653(b), Government Code, is amended
179	188		to read as follows:
180	189		(b) The salary of a full-time magistrate may not exceed an
181	190		amount equal to 90 percent of the sum of:
182	191		(1) the state base salary paid to a district judge as
183	192		set by the General Appropriations Act in accordance with [by the
184	193		state under] Section 659.012(a) [659.012]; and
185	194		(2) the maximum amount of county contributions and
186	195		supplements allowed by law to be paid to a district judge under
187	196		Section 659.012.
188	197		SECTION 13. Sections 74.003(b), (c), and (e), Government
189	198		Code, are amended to read as follows:
190	199		(b) The chief justice of the supreme court may assign a
191	200		qualified former or retired justice or judge of the supreme court,
192	201		of the court of criminal appeals, or of a court of appeals to a court
193	202		of appeals for active service regardless of whether a vacancy
194	203		exists in the court to which the justice or judge is assigned. To be
195	204		eligible for assignment under this subsection, a former or retired
196	205		justice or judge must:
197	206		(1) have served as an active justice or judge for at
198	207		least 96 months in a district, statutory probate, statutory county,
199	208		or appellate court, with at least 48 of those months in an appellate
200	209		court;
201	210		(2) not have been removed from office;
202	211		(3) certify under oath to the chief justice of the
203	212		supreme court, on a form prescribed by the chief justice, that:
204	213		(A) the justice or judge has never been publicly
205	214		reprimanded or censured by the State Commission on Judicial
206	215		Conduct; and
207	216		(B) the justice or judge:
208	217		(i) did not resign or retire from office
209	218		after the State Commission on Judicial Conduct notified the justice
210	219		or judge of the commencement of a full investigation into an
211	220		allegation or appearance of misconduct or disability of the justice
212	221		or judge as provided in Section 33.022 and before the final
213	222		disposition of that investigation; or
214	223		(ii) if the justice or judge did resign from
215	224		office under circumstances described by Subparagraph (i), the
216	225		justice or judge was not publicly reprimanded or censured as a
217	226		result of the investigation;
218	227		(4) annually demonstrate that the justice or judge has
219	228		completed in the past state fiscal year the educational
220	229		requirements for active appellate court justices or judges; and
221	230		(5) certify to the chief justice of the supreme court a
222	231		willingness not to appear and plead as an attorney in any court in
223	232		this state for a period of two years.
224	233		(c) An active, former, or retired justice or judge assigned
225	234		as provided by this section out of the county of the justice's or
226	235		judge's [his] residence is entitled to receive the same expenses
227	236		and per diem as those allowed a district judge assigned as provided
228	237		by Subchapter C. The state shall pay the expenses and per diem on
229	238		certificates of approval by the chief justice of the supreme court
230	239		or the chief justice of the court of appeals to which the justice or
231	240		judge is assigned. The compensation authorized by this subsection
232	241		is in addition to all other compensation authorized by law.
233	242		(e) A retired justice or judge assigned as provided by this
234	243		section is entitled to receive, pro rata for the time serving on
235	244		assignment, from money appropriated from the general revenue fund
236	245		for that purpose, an amount equal to the compensation received from
237	246		state and county sources by a justice of the court of appeals to
238	247		which assigned. A former justice or judge assigned as provided by
239	248		this section is entitled to receive, pro rata for the time serving
240	249		on assignment, from money appropriated from the general revenue
241	250		fund for that purpose, an amount equal to the compensation from the
242	251		state received by a justice of the court of appeals to which
243	252		assigned, and from county sources, an amount equal to the
244	253		compensation received from county sources by a justice of the court
245	254		of appeals to which assigned. For purposes of determining the
246	255		amount to be paid to a former or retired justice or judge under this
247	256		subsection, the compensation received from the state by a justice
248	257		of the court of appeals to which the retired justice or judge is
249	258		assigned is the amount equal to the state base salary paid to a
250	259		justice of that court of appeals as set by the General
251	260		Appropriations Act in accordance with Section 659.012(a).
252	261		SECTION 14. Sections 74.051(b) and (c), Government Code,
253	262		are amended to read as follows:
254	263		(b) Except as provided by Subsection (c), a presiding judge
255	264		shall receive a salary in an amount not to exceed 30 percent of the
256	265		state base salary paid to a district judge as set by the General
257	266		Appropriations Act in accordance with Section 659.012(a) [$33,000 a
258	267		year]. The Texas Judicial Council shall set the salary biennially
259	268		and, in arriving at the amount of the salary, shall consider whether
260	269		the presiding judge is active in administrative duties, performs
261	270		part time, or is a retired judge. The salary set by the Texas
262	271		Judicial Council shall be apportioned to each county in the region
263	272		according to the population of the counties in [comprising] the
264	273		region and shall be paid through the county budget process.
265	274		(c) A presiding judge who is a retired or former district
266	275		judge or a retired appellate judge and who presides over an
267	276		administrative region with 30 or more district courts, statutory
268	277		county courts, and retired and former judges named on the list
269	278		maintained under Section 74.055 for the administrative region is
270	279		entitled to an annual salary for each fiscal year in an amount equal
271	280		to [as follows]:
272	281		Number of Courts and Judges Salary
273	282		30 to 49 30 percent of the state base
274	283		salary paid to a district
275	284		judge as set by the General
276	285		Appropriations Act in
277	286		accordance with Section
278	287		659.012(a) [$35,000]
279	288		50 to 69 35 percent of the state base
280	289		salary paid to a district
281	290		judge as set by the General
282	291		Appropriations Act in
283	292		accordance with Section
284	293		659.012(a) [$40,000]
285	294		70 to 89 40 percent of the state base
286	295		salary paid to a district
287	296		judge as set by the General
288	297		Appropriations Act in
289	298		accordance with Section
290	299		659.012(a) [$45,000]
291	300		90 or more 45 percent of the state base
292	301		salary paid to a district
293	302		judge as set by the General
294	303		Appropriations Act in
295	304		accordance with Section
296	305		659.012(a) [$50,000]
297	306		SECTION 15. Sections 74.061(b), (h), and (i), Government
298	307		Code, are amended to read as follows:
299	308		(b) While serving in a county outside the judge's [his]
300	309		judicial district or county, an assigned [a] judge is entitled to
301	310		receive, in addition to the assigned judge's [his] necessary
302	311		expenses, additional compensation from the county to which the
303	312		assigned judge [he] is assigned in an amount not to exceed the
304	313		difference between the compensation of the assigned judge from all
305	314		sources, exclusive of the per diem provided by Subsection (f), and
306	315		the compensation received from all sources by the judge of the court
307	316		to which the assigned judge [he] is assigned. If the judge of the
308	317		court to which the assigned judge is assigned is paid an annual
309	318		salary from the state in accordance with Section 659.012(b), the
310	319		amount by which that annual salary exceeds the amount of the state
311	320		base salary as set by the General Appropriations Act for the judge's
312	321		position in accordance with Section 659.012(a) is not included in
313	322		the compensation of the judge for purposes of determining the
314	323		compensation of the assigned judge under this subsection. The
315	324		county shall pay the compensation provided by this subsection on
316	325		approval of the presiding judge of the administrative region in
317	326		which the court to which the assigned judge is assigned is located.
318	327		(h) Notwithstanding Subsection (c), the salary from the
319	328		state of a retired judge or justice assigned to a district court is
320	329		determined pro rata based on the sum of the regular judge's salary
321	330		from the county plus the amount of the state base salary paid to a
322	331		district judge as set by the General Appropriations Act in
323	332		accordance with Section 659.012(a) [greater of:
324	333		[(1) the regular judge's salary from the state on
325	334		August 31, 2007; or
326	335		[(2) 100 percent of the regular judge's salary from the
327	336		state, as established by the General Appropriations Act for any
328	337		fiscal year].
329	338		(i) Notwithstanding Subsection (d), the salary from the
330	339		state of a former judge or justice assigned to a district court is
331	340		determined pro rata based on the amount of the state base salary
332	341		paid to a district judge as set by the General Appropriations Act in
333	342		accordance with Section 659.012(a) [greater of:
334	343		[(1) the regular judge's salary from the state on
335	344		August 31, 2007; or
336	345		[(2) 100 percent of the regular judge's salary from the
337	346		state, as established by the General Appropriations Act for any
338	347		fiscal year].
339	348		SECTION 16. Section 75.016(c), Government Code, is amended
340	349		to read as follows:
341	350		(c) The Commissioners Court of Travis County may set
342	351		additional compensation to be paid to the presiding criminal judge
343	352		by the county in any amount that does not exceed the amount the
344	353		local administrative district judge of Travis County receives from
345	354		this state. Notwithstanding any other law, compensation paid the
346	355		presiding criminal judge under this subsection is not included as
347	356		part of the judge's combined base salary from all state and county
348	357		sources for purposes of the salary limitations provided by Section
349	358		659.012.
350	359		SECTION 17. Section 659.012, Government Code, is amended to
351	360		read as follows:
352	361		Sec. 659.012. JUDICIAL SALARIES. (a) Notwithstanding
353	362		Section 659.011 and subject to Subsections (b) and (b-1):
354	363		(1) a judge of a district court is entitled to an
355	364		annual base salary from the state as set by the General
356	365		Appropriations Act in an amount equal to [of] at least $140,000
357	366		[$125,000], except that the combined base salary of a district
358	367		judge from all state and county sources, including compensation for
359	368		any extrajudicial services performed on behalf of the county, may
360	369		not exceed the amount that is $5,000 less than the maximum combined
361	370		base salary from all state and county sources [provided] for a
362	371		justice of a court of appeals other than a chief justice as
363	372		determined under this subsection;
364	373		(2) a justice of a court of appeals other than the
365	374		chief justice is entitled to an annual base salary from the state in
366	375		the amount [that is] equal to 110 percent of the state base salary
367	376		of a district judge as set by the General Appropriations Act, except
368	377		that the combined base salary of a justice of the court of appeals
369	378		other than the chief justice from all state and county sources,
370	379		including compensation for any extrajudicial services performed on
371	380		behalf of the county, may not exceed the amount that is $5,000 less
372	381		than the base salary [provided] for a justice of the supreme court
373	382		as determined under this subsection;
374	383		(3) a justice of the supreme court other than the chief
375	384		justice or a judge of the court of criminal appeals other than the
376	385		presiding judge is entitled to an annual base salary from the state
377	386		in the amount [that is] equal to 120 percent of the state base
378	387		salary of a district judge as set by the General Appropriations Act;
379	388		and
380	389		(4) the chief justice or presiding judge of an
381	390		appellate court is entitled to an annual base salary from the state
382	391		in the amount equal to [that is] $2,500 more than the state base
383	392		salary provided for the other justices or judges of the court,
384	393		except that the combined base salary of the chief justice of a court
385	394		of appeals from all state and county sources may not exceed the
386	395		amount equal to [that is] $2,500 less than the base salary
387	396		[provided] for a justice of the supreme court as determined under
388	397		this subsection.
389	398		(b) A judge or justice for whom the amount of a state base
390	399		salary is prescribed by Subsection (a) is entitled to an annual
391	400		salary from the state in the amount equal to:
392	401		(1) 110 percent of the state base salary paid in
393	402		accordance with Subsection (a) for the judge's or justice's
394	403		position, beginning with the pay period that begins after the judge
395	404		or justice accrues four years of:
396	405		(A) contributing service credit in the Judicial
397	406		Retirement System of Texas Plan One or the Judicial Retirement
398	407		System of Texas Plan Two;
399	408		(B) service as a judge of a statutory county
400	409		court, multicounty statutory county court, or statutory probate
401	410		court; or
402	411		(C) combined contributing service credit and
403	412		service as provided by Paragraphs (A) and (B); and
404	413		(2) 120 percent of the state base salary paid in
405	414		accordance with Subsection (a) for the judge's or justice's
406	415		position, beginning with the pay period that begins after the judge
407	416		or justice accrues eight years of:
408	417		(A) contributing service credit in the Judicial
409	418		Retirement System of Texas Plan One or the Judicial Retirement
410	419		System of Texas Plan Two;
411	420		(B) service as a judge of a statutory county
412	421		court, multicounty statutory county court, or statutory probate
413	422		court; or
414	423		(C) combined contributing service credit and
415	424		service as provided by Paragraphs (A) and (B).
416	425		(b-1) A limitation on the combined base salary from all
417	426		state and county sources prescribed by Subsection (a)(1) or (2)
418	427		applies to a judge or justice to whom Subsection (b) applies, except
419	428		that the amount by which the annual salary from the state paid to
420	429		the judge or justice in accordance with Subsection (b) exceeds the
421	430		amount of the state base salary for the judge's or justice's
422	431		position set by the General Appropriations Act in accordance with
423	432		Subsection (a) is not included as part of the judge's or justice's
424	433		combined base salary from all state and county sources for purposes
425	434		of determining whether the judge's or justice's salary exceeds the
426	435		limitation.
427	436		(c) To the extent of any conflict, the salary limitations
428	437		provided by Subsection (a) [this section] for the combined base
429	438		salary of a state judge or justice from state and local sources
430	439		prevail [prevails] over any provision of Chapter 31 or 32 that
431	440		authorizes the payment of additional compensation to a state judge
432	441		or justice.
433	442		(d) Notwithstanding any other provision in this section or
434	443		other law, in a county with more than five district courts, a
435	444		district judge who serves as a local administrative district judge
436	445		under Section 74.091 is entitled to an annual base salary from the
437	446		state in the amount equal to [that is] $5,000 more than the maximum
438	447		salary from the state to which the judge is otherwise entitled under
439	448		Subsection (a) or (b).
440	449		(e) For the purpose of salary payments by the state, the
441	450		comptroller shall determine from sworn statements filed by the
442	451		justices of the courts of appeals and district judges that the
443	452		required salary limitations provided by Subsection (a) [this
444	453		section] are maintained. If the state base [a] salary for a judge
445	454		or justice prescribed by Subsection (a) combined with additional
446	455		compensation from a county would exceed [be in excess of] the
447	456		limitations provided by Subsection (a) [this section], the
448	457		comptroller shall reduce the [state] salary payment made by the
449	458		state by the amount of the excess.
450	459		(f) For purposes of Subsection (b), "contributing service
451	460		credit" means service credit established in the:
452	461		(1) Judicial Retirement System of Texas Plan One under
453	462		Section 833.101 or 833.106 for each month of service in which the
454	463		member held a judicial office described by Section 832.001(a),
455	464		including service credit established under either section that was
456	465		previously canceled but reestablished under Section 833.102; or
457	466		(2) Judicial Retirement System of Texas Plan Two under
458	467		Section 838.101 or 838.106 for each month of service in which the
459	468		member held a judicial office described by Section 837.001(a),
460	469		including service credit established under either section that was
461	470		previously canceled but reestablished under Section 838.102.
462	471		SECTION 18. Section 659.0125, Government Code, is amended
463	472		by amending Subsection (c) and adding Subsection (d) to read as
464	473		follows:
465	474		(c) A retired judge appointed to an MDL pretrial court, as
466	475		defined by Section 90.001, Civil Practice and Remedies Code, is
467	476		entitled to receive the same compensation and benefits to which a
468	477		district judge is entitled from the state. For purposes of this
469	478		subsection, the compensation to which a district judge is entitled
470	479		from the state is the amount equal to the state base salary paid to a
471	480		district judge as set by the General Appropriations Act in
472	481		accordance with Section 659.012(a).
473	482		(d) A former or retired judge or justice assigned under
474	483		Chapter 74 or 75 to a matter referred to an MDL pretrial court, as
475	484		defined by Section 90.001, Civil Practice and Remedies Code, is
476	485		entitled to receive the same compensation and benefits to which a
477	486		former or retired judge or justice assigned under Chapter 74 is
478	487		entitled under Section 74.061.
479	488		SECTION 19. Section 659.0445(b), Government Code, is
480	489		amended to read as follows:
481	490		(b) The monthly amount of longevity pay under this section
482	491		to which a judge or justice described by Subsection (a) is entitled:
483	492		(1) is equal to the product of 0.05 [.031] multiplied
484	493		by the amount of the judge's or justice's current monthly state
485	494		salary; and
486	495		(2) becomes payable beginning with the month following
487	496		the month in which the judge or justice completes 12 [16] years of
488	497		service for which credit is established in the applicable
489	498		retirement system.
490	499		SECTION 20. Section 814.103, Government Code, is amended to
491	500		read as follows:
492	501		Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
493	502		SERVICE. (a) Except as provided by Subsection (a-1) or (b), the
494	503		standard service retirement annuity for service credited in the
495	504		elected class of membership is an amount equal to the number of
496	505		years of service credit in that class, times 2.3 [two] percent of
497	506		the state base salary, excluding longevity pay payable under
498	507		Section 659.0445 and as adjusted from time to time, being paid to a
499	508		district judge as set by the General Appropriations Act in
500	509		accordance with Section 659.012(a).
501	510		(a-1) Except as provided by Subsection (b), the standard
502	511		service retirement annuity for service credited in the elected
503	512		class of membership for a member of the class under Section
504	513		812.002(a)(3) whose effective date of retirement is on or after
505	514		September 1, 2019, is an amount equal to the number of years of
506	515		service credit in that class, times 2.3 percent of the state salary,
507	516		excluding longevity pay payable under Section 659.0445 and as
508	517		adjusted from time to time, being paid in accordance with Section
509	518		659.012 to a district judge who has the same number of years of
510	519		contributing service credit as the member on the member's last day
511	520		of service as a district or criminal district attorney, as
512	521		applicable.
513	522		(b) The standard service retirement annuity for service
514	523		credited in the elected class may not exceed at any time 100 percent
515	524		of the state salary of [being paid] a district judge on which the
516	525		annuity is based under Subsection (a) or (a-1), as applicable.
517	526		(c) For purposes of this section, "contributing service
518	527		credit" with respect to:
519	528		(1) a member means service credit established in the
520	529		elected class under Section 813.201 or 813.402 for each month of
521	530		service in which the member held a position described by Section
522	531		812.002(a)(3), including service credit established under either
523	532		section that was previously canceled but reestablished under
524	533		Section 813.102; and
525	534		(2) a district judge has the meaning assigned by
526	535		Section 659.012(f).
527	536		SECTION 21. Section 815.204(c), Government Code, is amended
528	537		to read as follows:
529	538		(c) The medical board shall:
530	539		(1) review all medical examinations required by this
531	540		subtitle and Subtitle D;
532	541		(2) investigate essential statements and certificates
533	542		made by or on behalf of a member of the retirement system in
534	543		connection with an application for disability retirement; and
535	544		(3) report in writing to the executive director its
536	545		conclusions and recommendations on all matters referred to it.
537	546		SECTION 22. Section 834.001, Government Code, is amended to
538	547		read as follows:
539	548		Sec. 834.001. TYPES OF BENEFITS. The types of benefits
540	549		payable by the retirement system are:
541	550		(1) service retirement benefits; and
542	551		(2) [disability retirement benefits; and
543	552		[(3)] death benefits.
544	553		SECTION 23. Section 834.002, Government Code, is amended to
545	554		read as follows:
546	555		Sec. 834.002. APPLICATION FOR RETIREMENT. A member may
547	556		apply for service [or disability] retirement by filing an
548	557		application for retirement with the board of trustees before the
549	558		date the member wishes to retire.
550	559		SECTION 24. Sections 834.102(a) and (d), Government Code,
551	560		are amended to read as follows:
552	561		(a) The base service retirement annuity for a person whose
553	562		effective date of retirement is:
554	563		(1) before September 1, 2019, is an amount equal to 50
555	564		percent of the state base salary, as adjusted from time to time,
556	565		being paid in accordance with Section 659.012(a) to a judge of a
557	566		court of the same classification as the court on which the retiree
558	567		last served before retirement; or
559	568		(2) on or after September 1, 2019, is an amount equal
560	569		to 50 percent of the state salary, as adjusted from time to time,
561	570		being paid in accordance with Section 659.012(b)(2) to a judge of a
562	571		court of the same classification as the court on which the retiree
563	572		last served before retirement.
564	573		(d) The service retirement annuity of a person qualifying
565	574		for retirement under Section 834.101(b) whose effective date of
566	575		retirement is:
567	576		(1) before September 1, 2019, is an amount computed as
568	577		a percentage of the state base salary, as adjusted from time to
569	578		time, being paid in accordance with Section 659.012(a) to a judge of
570	579		a court of the same classification as the court on which the retiree
571	580		last served before retirement, according to the following schedule:
572	581		age at retirement percentage of state salary age at retirement percentage of state salary
573	582		age at retirement percentage of state salary
574	583		at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
575	584		at least 60 but less than 61 40 percent
576	585		at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
577	586		at least 61 but less than 62 41.7 percent
578	587		at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
579	588		at least 62 but less than 63 43.6 percent
580	589		at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
581	590		at least 63 but less than 64 45.6 percent
582	591		at least 64 but less than 65 47.7 percent; or at least 64 but less than 65 47.7 percent; or
583	592		at least 64 but less than 65 47.7 percent; or
584	593		(2) on or after September 1, 2019, is an amount
585	594		computed as a percentage of the state salary, as adjusted from time
586	595		to time, being paid in accordance with Section 659.012(b)(2) to a
587	596		judge of a court of the same classification as the court on which
588	597		the retiree last served before retirement, according to the
589	598		following schedule:
590	599		age at retirement percentage of state salary age at retirement percentage of state salary
591	600		age at retirement percentage of state salary
592	601		at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
593	602		at least 60 but less than 61 40 percent
594	603		at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
595	604		at least 61 but less than 62 41.7 percent
596	605		at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
597	606		at least 62 but less than 63 43.6 percent
598	607		at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
599	608		at least 63 but less than 64 45.6 percent
600	609		at least 64 but less than 65 47.7 percent at least 64 but less than 65 47.7 percent
601	610		at least 64 but less than 65 47.7 percent
602	611		SECTION 25. Section 834.304(c), Government Code, is amended
603	612		to read as follows:
604	613		(c) A death benefit may not be paid under this section if an
605	614		optional retirement annuity has been selected as provided by
606	615		Section 834.103 [or 834.203].
607	616		SECTION 26. Section 835.1015(b), Government Code, is
608	617		amended to read as follows:
609	618		(b) A member who elects to make contributions under
610	619		Subsection (a) shall contribute at the member contribution rate
611	620		required under Section 840.102(a) multiplied by [six percent of]
612	621		the member's state compensation for each payroll period in the
613	622		manner provided by Sections 835.101(a) and (b).
614	623		SECTION 27. Section 839.102(a), Government Code, as amended
615	624		by Chapters 1033 (H.B. 1114) and 1203 (H.B. 617), Acts of the 79th
616	625		Legislature, Regular Session, 2005, is reenacted and amended to
617	626		read as follows:
618	627		(a) Except as provided by Subsections (b), (c), (d), and
619	628		(f), the standard service retirement annuity is an amount equal to
620	629		50 percent of the state annual salary as set by the General
621	630		Appropriations Act in accordance with Section 659.012 being paid
622	631		[at the time the member retires] to a judge of a court of the same
623	632		classification as the last court to which the retiring member held
624	633		judicial office who has the same number of years of contributing
625	634		service credit as the member on the member's last day of service on
626	635		the court [was elected or appointed].
627	636		SECTION 28. Section 839.102, Government Code, is amended by
628	637		amending Subsection (c) and adding Subsections (g) and (h) to read
629	638		as follows:
630	639		(c) The standard service retirement annuity of a person
631	640		qualifying for retirement under Section 839.101(b) is an amount
632	641		computed, according to the following schedule, as a percentage of
633	642		the state annual salary as set by the General Appropriations Act in
634	643		accordance with Section 659.012 being paid [at the time the member
635	644		retires] to a judge of a court of the same classification as the
636	645		last court to which the retiring member held judicial office who has
637	646		the same number of years of contributing service credit as the
638	647		member on the member's last day of service on the court [was elected
639	648		or appointed, according to the following schedule]:
640	649		age at retirement percentage of state salary age at retirement percentage of state salary
641	650		age at retirement percentage of state salary
642	651		at least 60 but less than 61 40 percent at least 60 but less than 61 40 percent
643	652		at least 60 but less than 61 40 percent
644	653		at least 61 but less than 62 41.7 percent at least 61 but less than 62 41.7 percent
645	654		at least 61 but less than 62 41.7 percent
646	655		at least 62 but less than 63 43.6 percent at least 62 but less than 63 43.6 percent
647	656		at least 62 but less than 63 43.6 percent
648	657		at least 63 but less than 64 45.6 percent at least 63 but less than 64 45.6 percent
649	658		at least 63 but less than 64 45.6 percent
650	659		at least 64 but less than 65 47.7 percent. at least 64 but less than 65 47.7 percent.
651	660		at least 64 but less than 65 47.7 percent.
652	661		(g) The salary earned by a person as a visiting judge under
653	662		Chapter 74 may not be used to determine the person's service
654	663		retirement annuity under this section.
655	664		(h) For purposes of this section, "contributing service
656	665		credit" has the meaning assigned by Section 659.012(f).
657	666		SECTION 29. Sections 839.201(a) and (b), Government Code,
658	667		are amended to read as follows:
659	668		(a) A member, other than a member who is eligible to receive
660	669		a service retirement annuity under Section 839.101, is eligible,
661	670		regardless of age, to retire from regular active service for
662	671		disability and receive a disability retirement annuity if the
663	672		member has at least seven years of service credit in the retirement
664	673		system.
665	674		(b) A member otherwise eligible may not receive a disability
666	675		retirement annuity if the member is an active judge, as defined by
667	676		Section 74.041 [unless the chief justice of the supreme court and
668	677		the medical board certify that the member is mentally or physically
669	678		incapacitated for the further performance of regular judicial
670	679		duties].
671	680		SECTION 30. Section 839.202, Government Code, is amended to
672	681		read as follows:
673	682		Sec. 839.202. APPLICATION FOR DISABILITY RETIREMENT
674	683		ANNUITY [REPORTS]. (a) A member may apply for a disability
675	684		retirement annuity by:
676	685		(1) filing an application for retirement with the
677	686		board of trustees; or
678	687		(2) having an application filed with the board of
679	688		trustees by the member's spouse, employer, or legal representative
680	689		[who applies for retirement because of physical incapacity shall
681	690		file with the retirement system and the chief justice of the supreme
682	691		court written reports by two physicians licensed to practice
683	692		medicine in this state, fully reporting the claimed physical
684	693		incapacity].
685	694		(b) An [The retirement system shall refer an] application
686	695		for a disability retirement annuity may not be made:
687	696		(1) after the earlier of:
688	697		(A) the date the retirement is to become
689	698		effective; or
690	699		(B) the second anniversary of the date the member
691	700		ceased making contributions to the retirement system; or
692	701		(2) earlier than the 90th day before the date the
693	702		retirement is to become effective [to the medical board for its
694	703		recommendations. The medical board may require an applicant to
695	704		submit any additional information it considers necessary to enable
696	705		it to make its recommendations].
697	706		(c) An applicant for a disability retirement annuity must
698	707		submit to a medical examination and provide other pertinent
699	708		information as may be required by the retirement system [The chief
700	709		justice of the supreme court may direct the retirement system to
701	710		employ a physician under Section 840.203 or may direct the medical
702	711		board to require additional information under Subsection (b)].
703	712		SECTION 31. Subchapter C, Chapter 839, Government Code, is
704	713		amended by adding Section 839.2025 to read as follows:
705	714		Sec. 839.2025. DETERMINATION OF DISABILITY. (a) In
706	715		determining whether a member is mentally or physically
707	716		incapacitated for the further performance of regular judicial
708	717		duties, the medical board designated under Section 840.202 may
709	718		apply the standard prescribed by Section 814.203.
710	719		(b) A retiree who receives a disability retirement annuity
711	720		under this subchapter is subject to Section 814.208 to the same
712	721		extent as a disability retiree under that subchapter.
713	722		SECTION 32. Section 840.102(a), Government Code, is amended
714	723		to read as follows:
715	724		(a) Except as provided by Subsections (g) and (h), each
716	725		payroll period, a judicial officer who is a member of the retirement
717	726		system is required to contribute 9.5[:
718	727		[(1) 6.6] percent of the officer's state compensation
719	728		for service rendered after [August 31, 2013, and before] September
720	729		1, 2019 [2014;
721	730		[(2) 6.9 percent of the officer's state compensation
722	731		for service rendered after August 31, 2014, and before September 1,
723	732		2015;
724	733		[(3) 7.2 percent of the officer's state compensation
725	734		for service rendered after August 31, 2015, and before September 1,
726	735		2016;
727	736		[(4) 7.5 percent of the officer's state compensation
728	737		for service rendered after August 31, 2016; or
729	738		[(5) for service rendered on or after September 1,
730	739		2017, the lesser of:
731	740		[(A) 7.5 percent of the officer's state
732	741		compensation; or
733	742		[(B) a percentage of the officer's state
734	743		compensation equal to 7.5 percent reduced by one-tenth of one
735	744		percent for each one-tenth of one percent that the state
736	745		contribution rate for the fiscal year to which the service relates
737	746		is less than the state contribution rate established for the 2015
738	747		fiscal year].
739	748		SECTION 33. Section 1551.102(f), Insurance Code, is amended
740	749		to read as follows:
741	750		(f) An individual is eligible to participate in the group
742	751		benefits program if the individual is certified and qualified as
743	752		disabled and receives or is eligible to receive an annuity under
744	753		Section 814.202, 814.207, 824.302, only as to higher education,
745	754		[834.201,] or 839.201, Government Code.
746	755		SECTION 34. The following provisions of the Government Code
747	756		are repealed:
748	757		(1) Sections 25.2292(f) and (g);
749	758		(2) Section 834.003;
750	759		(3) Subchapter C, Chapter 834; and
751	760		(4) Section 840.202(c).
752	761		SECTION 35. Section 839.102, Government Code, as amended by
753	762		this Act, applies only to a member of the Judicial Retirement System
754	763		of Texas Plan Two who retires on or after the effective date of this
755	764		Act. A member who retires before the effective date of this Act is
756	765		governed by the law in effect immediately before that date, and the
757	766		former law is continued in effect for that purpose.
758	767		SECTION 36. Sections 839.201(b) and 839.202, Government
759	768		Code, as amended by this Act, and Section 839.2025, Government
760	769		Code, as added by this Act, apply only to an application for a
761	770		disability retirement annuity filed on or after the effective date
762	771		of this Act. An application filed before the effective date of this
763	772		Act is governed by the law in effect on the date the application was
764	773		filed, and that law is continued in effect for that purpose.
765	774		SECTION 37. The comptroller of public accounts is required
766	775		to implement a provision of this Act only if the legislature
767	776		appropriates money specifically for that purpose. If the
768	777		legislature does not appropriate money specifically for that
769	778		purpose, the comptroller may, but is not required to, implement a
770	779		provision of this Act using other appropriations available for that
771	780		purpose.
772	781		SECTION 38. This Act takes effect September 1, 2019.
773		-	______________________________ ______________________________
774		-	President of the Senate Speaker of the House
775		-	I certify that H.B. No. 2384 was passed by the House on May 1,
776		-	2019, by the following vote: Yeas 143, Nays 2, 2 present, not
777		-	voting; and that the House concurred in Senate amendments to H.B.
778		-	No. 2384 on May 24, 2019, by the following vote: Yeas 136, Nays 2,
779		-	3 present, not voting.
780		-	______________________________
781		-	Chief Clerk of the House
782		-	I certify that H.B. No. 2384 was passed by the Senate, with
783		-	amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
784		-	0.
785		-	______________________________
786		-	Secretary of the Senate
787		-	APPROVED: __________________
788		-	Date
789		-	__________________
790		-	Governor
	782	+	* * * * *
791	783
792	784		age at retirement percentage of state salary
793	785
794	786		at least 60 but less than 61 40 percent
795	787
796	788		at least 61 but less than 62 41.7 percent
797	789
798	790		at least 62 but less than 63 43.6 percent
799	791
800	792		at least 63 but less than 64 45.6 percent
801	793
802	794		at least 64 but less than 65 47.7 percent; or
803	795
804	796		age at retirement percentage of state salary
805	797
806	798		at least 60 but less than 61 40 percent
807	799
808	800		at least 61 but less than 62 41.7 percent
809	801
810	802		at least 62 but less than 63 43.6 percent
811	803
812	804		at least 63 but less than 64 45.6 percent
813	805
814	806		at least 64 but less than 65 47.7 percent
815	807
816	808		age at retirement percentage of state salary
817	809
818	810		at least 60 but less than 61 40 percent
819	811
820	812		at least 61 but less than 62 41.7 percent
821	813
822	814		at least 62 but less than 63 43.6 percent
823	815
824	816		at least 63 but less than 64 45.6 percent
825	817
826	818		at least 64 but less than 65 47.7 percent.