88R3069 JTZ-F
By: Murr H.B. No. 2734
A BILL TO BE ENTITLED
AN ACT
relating to the service credit used in calculating longevity pay
for certain judges and prosecutors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0005(a), Government Code, is amended
to read as follows:
(a) A statutory county court judge, other than a statutory
county court judge who engages in the private practice of law, shall
be paid a total annual salary set by the commissioners court at an
amount that is not less than $1,000 less than the sum of the annual
salary as set by the General Appropriations Act in accordance with
Section 659.012 paid to a district judge with comparable years of
service as the statutory county court judge and any state or county
contributions and supplements paid to a district judge in the
county, other than contributions received as compensation under
Section 74.051. A statutory county court judge's total annual
salary includes any state or county contributions and supplements
paid to the judge. For purposes of this subsection, the years of
service of a statutory county court judge include any years of
service as:
(1) an appellate court, district court, multicounty
statutory county court, or statutory probate court justice or
judge; or
(2) a district attorney, criminal district attorney,
or county attorney.
SECTION 2. Section 25.0023(a), Government Code, is amended
to read as follows:
(a) The commissioners court shall set the total annual
salary of each judge of a statutory probate court at an amount that
is at least equal to the sum of the annual salary as set by the
General Appropriations Act in accordance with Section 659.012 paid
to a district judge with comparable years of service as the
statutory probate court judge and any state or county contributions
and supplements paid to a district judge in the county, other than
contributions received as compensation under Section 74.051. A
statutory probate court judge's total annual salary includes any
state or county contributions and supplements paid to the judge,
other than contributions paid under Section 25.0022(e). For
purposes of this subsection, the years of service of a statutory
probate court judge include any years of service as:
(1) an appellate court, district court, multicounty
statutory county court, or statutory county court justice or judge;
or
(2) a district attorney, criminal district attorney,
or county attorney.
SECTION 3. Section 25.2607(d), Government Code, is amended
to read as follows:
(d) Notwithstanding Section 25.0015, the state shall
annually compensate the administrative county of a multicounty
statutory county court for the salary of the judge of the
multicounty statutory county court in an amount equal to 100
percent of the state [base] salary paid to a district judge with
comparable years of service as the multicounty statutory county
court judge, as set by the General Appropriations Act in accordance
with Section 659.012 [659.012(a)]. For purposes of this subsection,
the years of service of a multicounty statutory county court judge
include any years of service as:
(1) an appellate court, district court, statutory
county court, or statutory probate court justice or judge; or
(2) a district attorney, criminal district attorney,
or county attorney.
SECTION 4. Section 41.013, Government Code, is amended to
read as follows:
Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. (a)
Except as otherwise provided by law, a district attorney or
criminal district attorney is entitled to receive from the state
annual compensation in an amount equal to at least 80 percent of the
state annual salary as set by the General Appropriations Act in
accordance with Section 659.012 paid to a district judge with
comparable years of service as the district attorney or criminal
district attorney.
(b) For purposes of this section, the years of service of a
district attorney or criminal district attorney include any years
of service as:
(1) a district attorney, criminal district attorney,
or county attorney; or
(2) an appellate court justice, district judge, judge
of a statutory county court, judge of a multicounty statutory
county court, or judge or justice of a statutory probate court.
SECTION 5. Section 46.003, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) For purposes of this section, the years of service of
the state prosecuting attorney or a state prosecutor include any
years of service as:
(1) a county attorney; or
(2) an appellate court justice, district judge, judge
of a statutory county court, judge of a multicounty statutory
county court, or judge or justice of a statutory probate court.
SECTION 6. Section 659.012(b), Government Code, is amended
to read as follows:
(b) A judge or justice for whom the amount of a state base
salary is prescribed by Subsection (a) is entitled to an annual
salary from the state in the amount equal to:
(1) 110 percent of the state base salary paid in
accordance with Subsection (a) for the judge's or justice's
position, beginning with the pay period that begins after the judge
or justice accrues four years of:
(A) contributing service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two;
(B) service as a judge of a statutory county
court, multicounty statutory county court, or statutory probate
court or as a district attorney, criminal district attorney, or
county attorney; or
(C) combined contributing service credit and
service as provided by Paragraphs (A) and (B); and
(2) 120 percent of the state base salary paid in
accordance with Subsection (a) for the judge's or justice's
position, beginning with the pay period that begins after the judge
or justice accrues eight years of:
(A) contributing service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two;
(B) service as a judge of a statutory county
court, multicounty statutory county court, or statutory probate
court or as a district attorney, criminal district attorney, or
county attorney; or
(C) combined contributing service credit and
service as provided by Paragraphs (A) and (B).
SECTION 7. This Act takes effect September 1, 2023.