By: Leach H.B. No. 5130
A BILL TO BE ENTITLED
AN ACT
relating to the additional compensation certain counties pay to
judges and justices for extrajudicial services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Notwithstanding Section 659.011 and subject
to Subsections (b) and (b-1):
(1) a judge of a district court or a division of the
business court is entitled to an annual base salary from the state
as set by the General Appropriations Act in an amount equal to at
least $140,000, except that the combined base salary of a district
judge or judge of a division of the business court from all state
and county sources, including compensation for any extrajudicial
services performed on behalf of the county, may not exceed the
amount that is $1,000$5,000 less than the maximum combined base
salary from all state and county sources for a justice of a court of
appeals other than a chief justice as determined under this
subsection;
(2) except as provided by Subdivision (3), a justice
of a court of appeals other than the chief justice is entitled to an
annual base salary from the state in the amount equal to 110 percent
of the state base salary of a district judge as set by the General
Appropriations Act, except that the combined base salary of a
justice of the court of appeals other than the chief justice from
all state and county sources, including compensation for any
extrajudicial services performed on behalf of the county, may not
exceed the amount that is $1,000$5,000 less than the base salary
for a justice of the supreme court as determined under this
subsection;
(3) a justice of the Court of Appeals for the Fifteenth
Court of Appeals District other than the chief justice is entitled
to an annual base salary from the state in the amount equal to
$1,000$5,000 less than 120 percent of the state base salary of a
district judge as set by the General Appropriations Act;
(4) a justice of the supreme court other than the chief
justice or a judge of the court of criminal appeals other than the
presiding judge is entitled to an annual base salary from the state
in the amount equal to 120 percent of the state base salary of a
district judge as set by the General Appropriations Act; and
(5) the chief justice or presiding judge of an
appellate court is entitled to an annual base salary from the state
in the amount equal to $2,500 more than the state base salary
provided for the other justices or judges of the court, except that
the combined base salary of the chief justice of a court of appeals
from all state and county sources may not exceed the amount equal to
$1,500$2,500 less than the base salary for a justice of the supreme
court as determined under this subsection.
(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 or a full-time associate
judge of a district court, 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 or a full-time associate
judge of a district court, 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).
(b-1) A limitation on the combined base salary from all
state and county sources prescribed by Subsection (a)(1) or (2)
applies to a judge or justice to whom Subsection (b) applies, except
that the amount by which the annual salary from the state paid to
the judge or justice in accordance with Subsection (b) exceeds the
amount of the state base salary for the judge's or justice's
position set by the General Appropriations Act in accordance with
Subsection (a) is not included as part of the judge's or justice's
combined base salary from all state and county sources for purposes
of determining whether the judge's or justice's salary exceeds the
limitation.
(c) To the extent of any conflict, the salary limitations
provided by Subsection (a) for the combined base salary of a state
judge or justice from state and local sources prevail over any
provision of Chapter 31 or 32 that authorizes the payment of
additional compensation to a state judge or justice.
(d) Notwithstanding any other provision in this section or
other law, in a county with more than five district courts, a
district judge who serves as a local administrative district judge
under Section 74.091 is entitled to an annual base salary from the
state in the amount equal to $5,000 more than the maximum salary
from the state to which the judge is otherwise entitled under
Subsection (a) or (b).
(e) For the purpose of salary payments by the state, the
comptroller shall determine from sworn statements filed by the
justices of the courts of appeals, district judges, and business
court judges that the required salary limitations provided by
Subsection (a) are maintained. If the state base salary for a judge
or justice prescribed by Subsection (a) combined with additional
compensation from a county would exceed the limitations provided by
Subsection (a), the comptroller shall reduce the salary payment
made by the state by the amount of the excess.
(f) For purposes of Subsection (b), "contributing service
credit" means service credit established in the:
(1) Judicial Retirement System of Texas Plan One under
Section 833.101 or 833.106 for each month of service in which the
member held a judicial office described by Section 832.001(a),
including service credit established under either section that was
previously canceled but reestablished under Section 833.102; or
(2) Judicial Retirement System of Texas Plan Two under
Section 838.101 or 838.106 for each month of service in which the
member held a judicial office described by Section 837.001(a),
including service credit established under either section that was
previously canceled but reestablished under Section 838.102.
(g) In addition to the state salary provided under
Subsection (a) or (b), a judge of the division of a business court
is entitled to additional compensation from the state equal to the
maximum amount a district judge may be paid by a county under
Section 32.001 and Subsection (a).
SECTION 2. The changes in law made by this Act apply
beginning with the state fiscal biennium beginning September 1,
2025.
SECTION 3. This Act takes effect September 1, 2025.