Texas 2025 - 89th Regular

Texas House Bill HB5130 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Leach H.B. No. 5130
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the additional compensation certain counties pay to
7	9		judges and justices for extrajudicial services.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. (a) Notwithstanding Section 659.011 and subject
10	12		to Subsections (b) and (b-1):
11	13		(1) a judge of a district court or a division of the
12	14		business court is entitled to an annual base salary from the state
13	15		as set by the General Appropriations Act in an amount equal to at
14	16		least $140,000, except that the combined base salary of a district
15	17		judge or judge of a division of the business court from all state
16	18		and county sources, including compensation for any extrajudicial
17	19		services performed on behalf of the county, may not exceed the
18	20		amount that is $1,000$5,000 less than the maximum combined base
19	21		salary from all state and county sources for a justice of a court of
20	22		appeals other than a chief justice as determined under this
21	23		subsection;
22	24		(2) except as provided by Subdivision (3), a justice
23	25		of a court of appeals other than the chief justice is entitled to an
24	26		annual base salary from the state in the amount equal to 110 percent
25	27		of the state base salary of a district judge as set by the General
26	28		Appropriations Act, except that the combined base salary of a
27	29		justice of the court of appeals other than the chief justice from
28	30		all state and county sources, including compensation for any
29	31		extrajudicial services performed on behalf of the county, may not
30	32		exceed the amount that is $1,000$5,000 less than the base salary
31	33		for a justice of the supreme court as determined under this
32	34		subsection;
33	35		(3) a justice of the Court of Appeals for the Fifteenth
34	36		Court of Appeals District other than the chief justice is entitled
35	37		to an annual base salary from the state in the amount equal to
36	38		$1,000$5,000 less than 120 percent of the state base salary of a
37	39		district judge as set by the General Appropriations Act;
38	40		(4) a justice of the supreme court other than the chief
39	41		justice or a judge of the court of criminal appeals other than the
40	42		presiding judge is entitled to an annual base salary from the state
41	43		in the amount equal to 120 percent of the state base salary of a
42	44		district judge as set by the General Appropriations Act; and
43	45		(5) the chief justice or presiding judge of an
44	46		appellate court is entitled to an annual base salary from the state
45	47		in the amount equal to $2,500 more than the state base salary
46	48		provided for the other justices or judges of the court, except that
47	49		the combined base salary of the chief justice of a court of appeals
48	50		from all state and county sources may not exceed the amount equal to
49	51		$1,500$2,500 less than the base salary for a justice of the supreme
50	52		court as determined under this subsection.
51	53		(b) A judge or justice for whom the amount of a state base
52	54		salary is prescribed by Subsection (a) is entitled to an annual
53	55		salary from the state in the amount equal to:
54	56		(1) 110 percent of the state base salary paid in
55	57		accordance with Subsection (a) for the judge's or justice's
56	58		position, beginning with the pay period that begins after the judge
57	59		or justice accrues four years of:
58	60		(A) contributing service credit in the Judicial
59	61		Retirement System of Texas Plan One or the Judicial Retirement
60	62		System of Texas Plan Two;
61	63		(B) service as a judge or a full-time associate
62	64		judge of a district court, statutory county court, multicounty
63	65		statutory county court, or statutory probate court or as a district
64	66		attorney, criminal district attorney, or county attorney; or
65	67		(C) combined contributing service credit and
66	68		service as provided by Paragraphs (A) and (B); and
67	69		(2) 120 percent of the state base salary paid in
68	70		accordance with Subsection (a) for the judge's or justice's
69	71		position, beginning with the pay period that begins after the judge
70	72		or justice accrues eight years of:
71	73		(A) contributing service credit in the Judicial
72	74		Retirement System of Texas Plan One or the Judicial Retirement
73	75		System of Texas Plan Two;
74	76		(B) service as a judge or a full-time associate
75	77		judge of a district court, statutory county court, multicounty
76	78		statutory county court, or statutory probate court or as a district
77	79		attorney, criminal district attorney, or county attorney; or
78	80		(C) combined contributing service credit and
79	81		service as provided by Paragraphs (A) and (B).
80	82		(b-1) A limitation on the combined base salary from all
81	83		state and county sources prescribed by Subsection (a)(1) or (2)
82	84		applies to a judge or justice to whom Subsection (b) applies, except
83	85		that the amount by which the annual salary from the state paid to
84	86		the judge or justice in accordance with Subsection (b) exceeds the
85	87		amount of the state base salary for the judge's or justice's
86	88		position set by the General Appropriations Act in accordance with
87	89		Subsection (a) is not included as part of the judge's or justice's
88	90		combined base salary from all state and county sources for purposes
89	91		of determining whether the judge's or justice's salary exceeds the
90	92		limitation.
91	93		(c) To the extent of any conflict, the salary limitations
92	94		provided by Subsection (a) for the combined base salary of a state
93	95		judge or justice from state and local sources prevail over any
94	96		provision of Chapter 31 or 32 that authorizes the payment of
95	97		additional compensation to a state judge or justice.
96	98		(d) Notwithstanding any other provision in this section or
97	99		other law, in a county with more than five district courts, a
98	100		district judge who serves as a local administrative district judge
99	101		under Section 74.091 is entitled to an annual base salary from the
100	102		state in the amount equal to $5,000 more than the maximum salary
101	103		from the state to which the judge is otherwise entitled under
102	104		Subsection (a) or (b).
103	105		(e) For the purpose of salary payments by the state, the
104	106		comptroller shall determine from sworn statements filed by the
105	107		justices of the courts of appeals, district judges, and business
106	108		court judges that the required salary limitations provided by
107	109		Subsection (a) are maintained. If the state base salary for a judge
108	110		or justice prescribed by Subsection (a) combined with additional
109	111		compensation from a county would exceed the limitations provided by
110	112		Subsection (a), the comptroller shall reduce the salary payment
111	113		made by the state by the amount of the excess.
112	114		(f) For purposes of Subsection (b), "contributing service
113	115		credit" means service credit established in the:
114	116		(1) Judicial Retirement System of Texas Plan One under
115	117		Section 833.101 or 833.106 for each month of service in which the
116	118		member held a judicial office described by Section 832.001(a),
117	119		including service credit established under either section that was
118	120		previously canceled but reestablished under Section 833.102; or
119	121		(2) Judicial Retirement System of Texas Plan Two under
120	122		Section 838.101 or 838.106 for each month of service in which the
121	123		member held a judicial office described by Section 837.001(a),
122	124		including service credit established under either section that was
123	125		previously canceled but reestablished under Section 838.102.
124	126		(g) In addition to the state salary provided under
125	127		Subsection (a) or (b), a judge of the division of a business court
126	128		is entitled to additional compensation from the state equal to the
127	129		maximum amount a district judge may be paid by a county under
128	130		Section 32.001 and Subsection (a).
129	131		SECTION 2. The changes in law made by this Act apply
130	132		beginning with the state fiscal biennium beginning September 1,
131	133		2025.
132	134		SECTION 3. This Act takes effect September 1, 2025.