Leach Bill Also Changes Fifteenth Court Of Appeals Salaries

The text as introduced · 1,251 words

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.