1 | 1 | | 88R3069 JTZ-F |
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2 | 2 | | By: Murr H.B. No. 2734 |
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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 service credit used in calculating longevity pay |
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8 | 8 | | for certain judges and prosecutors. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 25.0005(a), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) A statutory county court judge, other than a statutory |
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13 | 13 | | county court judge who engages in the private practice of law, shall |
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14 | 14 | | be paid a total annual salary set by the commissioners court at an |
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15 | 15 | | amount that is not less than $1,000 less than the sum of the annual |
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16 | 16 | | salary as set by the General Appropriations Act in accordance with |
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17 | 17 | | Section 659.012 paid to a district judge with comparable years of |
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18 | 18 | | service as the statutory county court judge and any state or county |
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19 | 19 | | contributions and supplements paid to a district judge in the |
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20 | 20 | | county, other than contributions received as compensation under |
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21 | 21 | | Section 74.051. A statutory county court judge's total annual |
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22 | 22 | | salary includes any state or county contributions and supplements |
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23 | 23 | | paid to the judge. For purposes of this subsection, the years of |
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24 | 24 | | service of a statutory county court judge include any years of |
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25 | 25 | | service as: |
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26 | 26 | | (1) an appellate court, district court, multicounty |
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27 | 27 | | statutory county court, or statutory probate court justice or |
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28 | 28 | | judge; or |
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29 | 29 | | (2) a district attorney, criminal district attorney, |
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30 | 30 | | or county attorney. |
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31 | 31 | | SECTION 2. Section 25.0023(a), Government Code, is amended |
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32 | 32 | | to read as follows: |
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33 | 33 | | (a) The commissioners court shall set the total annual |
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34 | 34 | | salary of each judge of a statutory probate court at an amount that |
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35 | 35 | | is at least equal to the sum of the annual salary as set by the |
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36 | 36 | | General Appropriations Act in accordance with Section 659.012 paid |
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37 | 37 | | to a district judge with comparable years of service as the |
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38 | 38 | | statutory probate court judge and any state or county contributions |
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39 | 39 | | and supplements paid to a district judge in the county, other than |
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40 | 40 | | contributions received as compensation under Section 74.051. A |
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41 | 41 | | statutory probate court judge's total annual salary includes any |
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42 | 42 | | state or county contributions and supplements paid to the judge, |
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43 | 43 | | other than contributions paid under Section 25.0022(e). For |
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44 | 44 | | purposes of this subsection, the years of service of a statutory |
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45 | 45 | | probate court judge include any years of service as: |
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46 | 46 | | (1) an appellate court, district court, multicounty |
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47 | 47 | | statutory county court, or statutory county court justice or judge; |
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48 | 48 | | or |
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49 | 49 | | (2) a district attorney, criminal district attorney, |
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50 | 50 | | or county attorney. |
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51 | 51 | | SECTION 3. Section 25.2607(d), Government Code, is amended |
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52 | 52 | | to read as follows: |
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53 | 53 | | (d) Notwithstanding Section 25.0015, the state shall |
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54 | 54 | | annually compensate the administrative county of a multicounty |
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55 | 55 | | statutory county court for the salary of the judge of the |
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56 | 56 | | multicounty statutory county court in an amount equal to 100 |
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57 | 57 | | percent of the state [base] salary paid to a district judge with |
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58 | 58 | | comparable years of service as the multicounty statutory county |
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59 | 59 | | court judge, as set by the General Appropriations Act in accordance |
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60 | 60 | | with Section 659.012 [659.012(a)]. For purposes of this subsection, |
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61 | 61 | | the years of service of a multicounty statutory county court judge |
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62 | 62 | | include any years of service as: |
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63 | 63 | | (1) an appellate court, district court, statutory |
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64 | 64 | | county court, or statutory probate court justice or judge; or |
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65 | 65 | | (2) a district attorney, criminal district attorney, |
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66 | 66 | | or county attorney. |
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67 | 67 | | SECTION 4. Section 41.013, Government Code, is amended to |
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68 | 68 | | read as follows: |
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69 | 69 | | Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. (a) |
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70 | 70 | | Except as otherwise provided by law, a district attorney or |
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71 | 71 | | criminal district attorney is entitled to receive from the state |
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72 | 72 | | annual compensation in an amount equal to at least 80 percent of the |
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73 | 73 | | state annual salary as set by the General Appropriations Act in |
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74 | 74 | | accordance with Section 659.012 paid to a district judge with |
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75 | 75 | | comparable years of service as the district attorney or criminal |
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76 | 76 | | district attorney. |
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77 | 77 | | (b) For purposes of this section, the years of service of a |
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78 | 78 | | district attorney or criminal district attorney include any years |
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79 | 79 | | of service as: |
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80 | 80 | | (1) a district attorney, criminal district attorney, |
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81 | 81 | | or county attorney; or |
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82 | 82 | | (2) an appellate court justice, district judge, judge |
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83 | 83 | | of a statutory county court, judge of a multicounty statutory |
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84 | 84 | | county court, or judge or justice of a statutory probate court. |
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85 | 85 | | SECTION 5. Section 46.003, Government Code, is amended by |
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86 | 86 | | adding Subsection (a-1) to read as follows: |
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87 | 87 | | (a-1) For purposes of this section, the years of service of |
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88 | 88 | | the state prosecuting attorney or a state prosecutor include any |
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89 | 89 | | years of service as: |
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90 | 90 | | (1) a county attorney; or |
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91 | 91 | | (2) an appellate court justice, district judge, judge |
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92 | 92 | | of a statutory county court, judge of a multicounty statutory |
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93 | 93 | | county court, or judge or justice of a statutory probate court. |
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94 | 94 | | SECTION 6. Section 659.012(b), Government Code, is amended |
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95 | 95 | | to read as follows: |
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96 | 96 | | (b) A judge or justice for whom the amount of a state base |
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97 | 97 | | salary is prescribed by Subsection (a) is entitled to an annual |
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98 | 98 | | salary from the state in the amount equal to: |
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99 | 99 | | (1) 110 percent of the state base salary paid in |
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100 | 100 | | accordance with Subsection (a) for the judge's or justice's |
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101 | 101 | | position, beginning with the pay period that begins after the judge |
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102 | 102 | | or justice accrues four years of: |
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103 | 103 | | (A) contributing service credit in the Judicial |
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104 | 104 | | Retirement System of Texas Plan One or the Judicial Retirement |
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105 | 105 | | System of Texas Plan Two; |
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106 | 106 | | (B) service as a judge of a statutory county |
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107 | 107 | | court, multicounty statutory county court, or statutory probate |
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108 | 108 | | court or as a district attorney, criminal district attorney, or |
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109 | 109 | | county attorney; or |
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110 | 110 | | (C) combined contributing service credit and |
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111 | 111 | | service as provided by Paragraphs (A) and (B); and |
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112 | 112 | | (2) 120 percent of the state base salary paid in |
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113 | 113 | | accordance with Subsection (a) for the judge's or justice's |
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114 | 114 | | position, beginning with the pay period that begins after the judge |
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115 | 115 | | or justice accrues eight years of: |
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116 | 116 | | (A) contributing service credit in the Judicial |
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117 | 117 | | Retirement System of Texas Plan One or the Judicial Retirement |
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118 | 118 | | System of Texas Plan Two; |
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119 | 119 | | (B) service as a judge of a statutory county |
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120 | 120 | | court, multicounty statutory county court, or statutory probate |
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121 | 121 | | court or as a district attorney, criminal district attorney, or |
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122 | 122 | | county attorney; or |
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123 | 123 | | (C) combined contributing service credit and |
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124 | 124 | | service as provided by Paragraphs (A) and (B). |
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125 | 125 | | SECTION 7. This Act takes effect September 1, 2023. |
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