Texas 2021 - 87th Regular

Texas House Bill HB1876 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3962 YDB-F
2	2	By: Schofield H.B. No. 1876
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the annual base salaries of state judges and justices.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 659.012(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) Notwithstanding Section 659.011 and subject to
12	12	Subsections (b) and (b-1) and Section 659.0121(c):
13	13	(1) a judge of a district court is entitled to an
14	14	annual base salary from the state in the amount equal to 82.5
15	15	percent of the state base salary of a justice of the supreme court
16	16	other than the chief justice [as set by the General Appropriations
17	17	Act in an amount equal to at least $140,000], except that the
18	18	combined base salary of a district judge from all state and county
19	19	sources, including compensation for any extrajudicial services
20	20	performed on behalf of the county, may not exceed the amount that is
21	21	$5,000 less than the maximum combined base salary from all state and
22	22	county sources for a justice of a court of appeals other than a
23	23	chief justice as determined under this subsection;
24	24	(2) a justice of a court of appeals other than the
25	25	chief justice is entitled to an annual base salary from the state in
26	26	the amount equal to 91 [110] percent of the state base salary of a
27	27	justice of the supreme court other than the chief justice [district
28	28	judge as set by the General Appropriations Act], except that the
29	29	combined base salary of a justice of the court of appeals other than
30	30	the chief justice from all state and county sources, including
31	31	compensation for any extrajudicial services performed on behalf of
32	32	the county, may not exceed the amount that is $5,000 less than the
33	33	base salary for a justice of the supreme court other than the chief
34	34	justice as determined under this subsection;
35	35	(3) a justice of the supreme court other than the chief
36	36	justice or a judge of the court of criminal appeals other than the
37	37	presiding judge is entitled to an annual base salary from the state
38	38	that is the amount determined under Section 659.0121 [in the amount
39	39	equal to 120 percent of the state base salary of a district judge as
40	40	set by the General Appropriations Act]; and
41	41	(4) the chief justice or presiding judge of an
42	42	appellate court is entitled to an annual base salary from the state
43	43	in the amount equal to $2,500 more than the state base salary
44	44	provided for the other justices or judges of the court, except that
45	45	the combined base salary of the chief justice of a court of appeals
46	46	from all state and county sources may not exceed the amount equal to
47	47	$2,500 less than the base salary for a justice of the supreme court
48	48	other than the chief justice as determined under this subsection.
49	49	SECTION 2. Subchapter B, Chapter 659, Government Code, is
50	50	amended by adding Section 659.0121 to read as follows:
51	51	Sec. 659.0121. DETERMINATION OF JUDICIAL SALARIES. (a)
52	52	The Legislative Budget Board shall:
53	53	(1) not later than December 31 of each even-numbered
54	54	year:
55	55	(A) calculate for each year of the succeeding
56	56	state fiscal biennium and in the manner specified by Subsection (b)
57	57	the annual base salary from the state for purposes of Section
58	58	659.012(a)(3) of a justice of the supreme court other than the chief
59	59	justice or a judge of the court of criminal appeals other than the
60	60	presiding judge; and
61	61	(B) calculate all other annual salaries to be
62	62	paid by the state under Section 659.012 for each year of the
63	63	succeeding state fiscal biennium based on the amount calculated
64	64	under Paragraph (A); and
65	65	(2) include the amounts calculated under Subdivision
66	66	(1) in the next general appropriations bill that is prepared and
67	67	transmitted in accordance with Section 322.008.
68	68	(b) The annual base salary from the state the Legislative
69	69	Budget Board is required to calculate under Subsection (a)(1)(A) is
70	70	an amount equal to the sum of:
71	71	(1) the annual base salary from the state paid under
72	72	Section 659.012(a)(3) to a justice of the supreme court other than
73	73	the chief justice or a judge of the court of criminal appeals other
74	74	than the presiding judge in the current state fiscal year; and
75	75	(2) the annual base salary described by Subdivision
76	76	(1) multiplied by the percentage change during the preceding two
77	77	state fiscal years in the Consumer Price Index for All Urban
78	78	Consumers published by the United States Bureau of Labor Statistics
79	79	or its successor index.
80	80	(c) If the legislature determines that the estimated
81	81	revenue available for judicial salaries in a state fiscal biennium
82	82	is insufficient to satisfy the annual base salaries included in the
83	83	general appropriations bill as required by Subsection (a)(2) for
84	84	that biennium, the legislature may reduce the annual base salary
85	85	from the state to be paid under Section 659.012(a)(3) to a justice
86	86	of the supreme court other than the chief justice and a judge of the
87	87	court of criminal appeals other than the presiding judge during the
88	88	biennium to an amount that, when the salaries of the justices and
89	89	judges are added to all other annual base salaries calculated in
90	90	accordance with Section 659.012, results in a total of judicial
91	91	salaries under that section that is within the estimated revenue
92	92	available.
93	93	SECTION 3. Chapter 35, Government Code, is repealed.
94	94	SECTION 4. The Legislative Budget Board shall:
95	95	(1) make the initial salary calculations required by
96	96	Section 659.0121(a)(1), Government Code, as added by this Act, not
97	97	later than December 31, 2022; and
98	98	(2) include the salaries calculated as required by
99	99	Subdivision (1) of this section in the general appropriations bill
100	100	for the state fiscal biennium beginning September 1, 2023, that is
101	101	prepared and transmitted in accordance with Section 322.008,
102	102	Government Code.
103	103	SECTION 5. This Act takes effect September 1, 2021.