Bill Text: TX HB2384 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to judicial compensation and assignment, the contributions to, benefits from, membership in, and administration of the Judicial Retirement System of Texas Plan One and Plan Two, and the compensation and retirement benefits of certain prosecutors and other members of the elected class of the Employees Retirement System of Texas.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2384 Detail]

Download: Texas-2019-HB2384-Introduced.html

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86R7361 YDB/KFF-F
By: Leach H.B. No. 2384

A BILL TO BE ENTITLED
AN ACT
relating to judicial compensation and the contributions to,
benefits from, membership in, and administration of the Judicial
Retirement System of Texas Plan One and Plan Two; making conforming
changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.105(a), Family Code, is amended to
read as follows:
(a) An associate judge appointed under this subchapter is
entitled to a salary in the amount equal to [be determined by a
majority vote of the presiding judges of the administrative
judicial regions. The salary may not exceed] 90 percent of the
state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a),
Government Code.
SECTION 2. Section 201.205(a), Family Code, is amended to
read as follows:
(a) An associate judge appointed under this subchapter is
entitled to a salary in the amount equal to [as determined by a
majority vote of the presiding judges of the administrative
judicial regions. The salary may not exceed] 90 percent of the
state base salary paid to a district judge as set by the [state]
General Appropriations Act in accordance with Section 659.012(a),
Government Code.
SECTION 3. Section 25.0015(a), Government Code, is amended
to read as follows:
(a) Beginning on the first day of the state fiscal year, the
state shall annually compensate each county in an amount equal to 60
percent of the state base salary paid to [of] a district court judge
as set by [in] the General Appropriations Act in accordance with
Section 659.012(a) [county] for each statutory county court judge
in the county who:
(1) does not engage in the private practice of law; and
(2) presides over a court with at least the
jurisdiction provided by Section 25.0003.
SECTION 4. Section 26.006, Government Code, is amended to
read as follows:
Sec. 26.006. SALARY SUPPLEMENT FROM STATE FOR [CERTAIN]
COUNTY JUDGES. (a) A county judge is entitled to an annual salary
supplement from the state in an amount equal to 18 percent of the
state base salary paid to [annual compensation provided for] a
district judge as set by [in] the General Appropriations Act in
accordance with Section 659.012(a) [if at least 40 percent of the
functions that the judge performs are judicial functions].
(b) [To receive a supplement under Subsection (a), a county
judge must file with the comptroller's judiciary section an
affidavit stating that at least 40 percent of the functions that the
judge performs are judicial functions.
[(c)] The commissioners court of [in] a county [with a
county judge who is entitled to receive a salary supplement under
this section] may not reduce the county funds provided for the
salary or office of the county judge as a result of the salary
supplement required by this section.
SECTION 5. Section 41.013, Government Code, is amended to
read as follows:
Sec. 41.013. COMPENSATION OF CERTAIN PROSECUTORS. 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
base salary paid to [annual compensation provided for] a district
judge as set by [in] the General Appropriations Act in accordance
with Section 659.012(a).
SECTION 6. Section 46.001(2), Government Code, is amended
to read as follows:
(2) "Benchmark salary" means the state base salary
paid to [that is provided for] a district judge as set by [in] the
General Appropriations Act in accordance with Section 659.012(a).
SECTION 7. Section 46.003(a), Government Code, is amended
to read as follows:
(a) The state prosecuting attorney and each state
prosecutor is entitled to receive from the state a salary in an
amount [compensation] equal to the state base salary paid to
[compensation that is provided for] a district judge as set by [in]
the General Appropriations Act in accordance with Section
659.012(a).
SECTION 8. Section 54.653(b), Government Code, is amended
to read as follows:
(b) The salary of a full-time magistrate may not exceed an
amount equal to 90 percent of the sum of:
(1) the state base salary paid to a district judge as
set by the General Appropriations Act in accordance with [by the
state under] Section 659.012(a) [659.012]; and
(2) the maximum amount of county contributions and
supplements allowed by law to be paid to a district judge under
Section 659.012.
SECTION 9. Section 74.003(e), Government Code, is amended
to read as follows:
(e) A retired justice or judge assigned as provided by this
section is entitled to receive, pro rata for the time serving on
assignment, from money appropriated from the general revenue fund
for that purpose, an amount equal to the compensation received from
state and county sources by a justice of the court of appeals to
which assigned. For purposes of determining the amount to be paid to
a retired justice or judge under this subsection, the compensation
received from the state by a justice of the court of appeals to
which the retired justice or judge is assigned is the amount equal
to the state base salary paid to a justice of that court of appeals
as set in accordance with Section 659.012(a).
SECTION 10. Sections 74.051(b) and (c), Government Code,
are amended to read as follows:
(b) Except as provided by Subsection (c), a presiding judge
shall receive a salary in an amount not to exceed 30 percent of the
state base salary paid to a district judge as set by the General
Appropriations Act in accordance with Section 659.012(a) [$33,000 a
year]. The Texas Judicial Council shall set the salary biennially
and, in arriving at the amount of the salary, shall consider whether
the presiding judge is active in administrative duties, performs
part time, or is a retired judge. The salary set by the Texas
Judicial Council shall be apportioned to each county in the region
according to the population of the counties in [comprising] the
region and shall be paid through the county budget process.
(c) A presiding judge who is a retired or former district
judge or a retired appellate judge and who presides over an
administrative region with 30 or more district courts, statutory
county courts, and retired and former judges named on the list
maintained under Section 74.055 for the administrative region is
entitled to an annual salary for each fiscal year in an amount equal
to [as follows]:
Number of Courts and Judges Salary
30 to 49 30 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$35,000]
50 to 69 35 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$40,000]
70 to 89 40 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$45,000]
90 or more 45 percent of the state base
salary paid to a district
judge as set by the General
Appropriations Act in
accordance with Section
659.012(a) [$50,000]
SECTION 11. Sections 74.061(b), (h), and (i), Government
Code, are amended to read as follows:
(b) While serving in a county outside the judge's [his]
judicial district or county, an assigned [a] judge is entitled to
receive, in addition to the assigned judge's [his] necessary
expenses, additional compensation from the county to which the
assigned judge [he] is assigned in an amount not to exceed the
difference between the compensation of the assigned judge from all
sources, exclusive of the per diem provided by Subsection (f), and
the compensation received from all sources by the judge of the court
to which the assigned judge [he] is assigned. If the judge of the
court to which the assigned judge is assigned is paid an annual
salary from the state in accordance with Section 659.012(b), the
amount by which that annual salary exceeds the amount of the state
base salary as set by the General Appropriations Act for the judge's
position in accordance with Section 659.012(a) is not included in
the compensation of the judge for purposes of determining the
compensation of the assigned judge under this subsection. The
county shall pay the compensation provided by this subsection on
approval of the presiding judge of the administrative region in
which the court to which the assigned judge is assigned is located.
(h) Notwithstanding Subsection (c), the salary from the
state of a retired judge or justice assigned to a district court is
determined pro rata based on the amount of the state base salary
paid to a district judge as set by the General Appropriations Act in
accordance with Section 659.012(a) [sum of the regular judge's
salary from the county plus the greater of:
[(1) the regular judge's salary from the state on
August 31, 2007; or
[(2) 100 percent of the regular judge's salary from the
state, as established by the General Appropriations Act for any
fiscal year].
(i) Notwithstanding Subsection (d):
(1) [,] the salary from the state of a former judge or
justice assigned to a [district] court of appeals is determined pro
rata based on the amount of the state base salary paid to a justice
of a court of appeals as set in accordance with Section 659.012(a);
and
(2) the salary from the state of a former judge or
justice assigned to a district court is determined pro rata based on
the amount of the state base salary paid to a district judge as set
by the General Appropriations Act in accordance with Section
659.012(a) [greater of:
[(1) the regular judge's salary from the state on
August 31, 2007; or
[(2) 100 percent of the regular judge's salary from the
state, as established by the General Appropriations Act for any
fiscal year].
SECTION 12. Section 75.016(c), Government Code, is amended
to read as follows:
(c) The Commissioners Court of Travis County may set
additional compensation to be paid to the presiding criminal judge
by the county in any amount that does not exceed the amount the
local administrative district judge of Travis County receives from
this state. Notwithstanding any other law, compensation paid the
presiding criminal judge under this subsection is not included as
part of the judge's combined base salary from all state and county
sources for purposes of the salary limitations provided by Section
659.012.
SECTION 13. Section 659.012, Government Code, is amended to
read as follows:
Sec. 659.012. JUDICIAL SALARIES. (a) Notwithstanding
Section 659.011 and subject to Subsections (b) and (b-1):
(1) a judge of a district court is entitled to an
annual base salary from the state as set by the General
Appropriations Act in an amount equal to [of] at least $140,000
[$125,000], except that the combined base salary of a district
judge 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 $5,000 less than the maximum combined
base salary from all state and county sources [provided] for a
justice of a court of appeals other than a chief justice as
determined under this subsection;
(2) 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 [that is] 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 $5,000 less
than the base salary [provided] for a justice of the supreme court
as determined under this subsection;
(3) 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 [that is] equal to 120 percent of the state base
salary of a district judge as set by the General Appropriations Act;
and
(4) 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 [that is] $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 [that is] $2,500 less than the base salary
[provided] 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 service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two;
(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 service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two; and
(3) 130 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 12 years of service credit in the Judicial
Retirement System of Texas Plan One or the Judicial Retirement
System of Texas Plan Two.
(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) [this section] for the combined base
salary of a state judge or justice from state and local sources
prevail [prevails] 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 [that is] $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 and district judges that the
required salary limitations provided by Subsection (a) [this
section] are maintained. If the state base [a] salary for a judge
or justice prescribed by Subsection (a) combined with additional
compensation from a county would exceed [be in excess of] the
limitations provided by Subsection (a) [this section], the
comptroller shall reduce the [state] salary payment made by the
state by the amount of the excess.
SECTION 14. Section 814.103, Government Code, is amended to
read as follows:
Sec. 814.103. SERVICE RETIREMENT BENEFITS FOR ELECTED CLASS
SERVICE. (a) Except as provided by Subsection (b), the standard
service retirement annuity for service credited in the elected
class of membership is an amount equal to the number of years of
service credit in that class, times two percent of the state base
salary, excluding longevity pay payable under Section 659.0445 and
as adjusted from time to time, being paid to a district judge as set
by the General Appropriations Act in accordance with Section
659.012(a).
(b) The standard service retirement annuity for service
credited in the elected class may not exceed at any time 100 percent
of the state base salary being paid to a district judge as set by the
General Appropriations Act in accordance with Section 659.012(a).
SECTION 15. Section 815.204(c), Government Code, is amended
to read as follows:
(c) The medical board shall:
(1) review all medical examinations required by this
subtitle and Subtitle D;
(2) investigate essential statements and certificates
made by or on behalf of a member of the retirement system in
connection with an application for disability retirement; and
(3) report in writing to the executive director its
conclusions and recommendations on all matters referred to it.
SECTION 16. Sections 834.102(a) and (d), Government Code,
are amended to read as follows:
(a) The base service retirement annuity is an amount equal
to 50 percent of the state salary, as adjusted from time to time,
being paid in accordance with Section 659.012(b)(3) to a judge of a
court of the same classification as the court on which the retiree
last served before retirement.
(d) The service retirement annuity of a person qualifying
for retirement under Section 834.101(b) is an amount computed as a
percentage of the state salary, as adjusted from time to time, being
paid in accordance with Section 659.012(b)(3) to a judge of a court
of the same classification as the court on which the retiree last
served before retirement, according to the following schedule:
percentage
age at retirement of state salary
at least 60 but less than 61 40 percent
at least 61 but less than 62 41.7 percent
at least 62 but less than 63 43.6 percent
at least 63 but less than 64 45.6 percent
at least 64 but less than 65 47.7 percent
SECTION 17. Section 834.201(b), Government Code, is amended
to read as follows:
(b) A member otherwise eligible may not receive a disability
retirement annuity unless the medical board designated under
Section 815.204 finds [chief justice of the supreme court
certifies] that the member is mentally or physically incapacitated
for the further performance of regular judicial duties and submits
a certification of disability to the executive director appointed
under Section 815.202.
SECTION 18. Section 834.202, Government Code, is amended to
read as follows:
Sec. 834.202. APPLICATION FOR DISABILITY; INFORMATION
ABOUT PHYSICAL INCAPACITY. (a) A member may apply for a disability
retirement annuity by:
(1) filing an application for retirement with the
board of trustees; or
(2) having an application filed with the board by the
member's spouse, employer, or legal representative.
(b) A member who applies for retirement because of physical
incapacity shall file with the board of trustees [supreme court]
written reports by two physicians licensed to practice medicine in
this state, fully reporting the claimed physical incapacity.
[(b) The chief justice of the supreme court may appoint a
physician licensed in this state to make any additional medical
investigation the court finds necessary.]
SECTION 19. Subchapter C, Chapter 834, Government Code, is
amended by adding Section 834.2025 to read as follows:
Sec. 834.2025. DETERMINATION OF DISABILITY. In determining
whether a member is mentally or physically incapacitated for the
further performance of regular judicial duties, the medical board
designated under Section 815.204 may apply the standard prescribed
by Section 814.203.
SECTION 20. Section 835.1015(b), Government Code, is
amended to read as follows:
(b) A member who elects to make contributions under
Subsection (a) shall contribute at the member contribution rate
required under Section 840.102(a) multiplied by [six percent of]
the member's state compensation for each payroll period in the
manner provided by Sections 835.101(a) and (b).
SECTION 21. Subchapter A, Chapter 837, Government Code, is
amended by adding Section 837.004 to read as follows:
Sec. 837.004. RESUMPTION OF MEMBERSHIP AFTER TERMINATION.
(a) A retiree described by Section 837.102(a) may elect to rejoin
the retirement system as a member and receive service credit in the
retirement system for service performed as a judicial officer after
the retiree's effective date of retirement if, before taking the
oath of office, the retiree has been separated from judicial
service for at least 12 full consecutive months. The retiree must
provide notice of the election to the board of trustees in a manner
and form prescribed by rules adopted by the board of trustees.
(b) Notwithstanding Section 840.106, if a member whose
membership in the retirement system was made by an election under
Subsection (a) again retires:
(1) the member, at the time of the member's subsequent
retirement, may select a service retirement annuity as if the
retiree were retiring for the first time; and
(2) the retirement system shall recompute the annuity
to include additional service credit established by the member
under this section.
(c) If a member under Subsection (b)(1) selects an optional
service retirement annuity payable under Section 839.103(a)(3) or
(4), the retirement system shall reduce the number of months of
payments by the number of months for which the annuity was paid
before the member resumed service.
(d) The board of trustees shall adopt rules necessary to
implement this section.
SECTION 22. Section 837.102(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 837.004, a [A] retiree who
resumes service as a judicial officer other than by appointment or
assignment described in Section 837.101 may not rejoin or receive
credit in the retirement system for the resumed service.
SECTION 23. Section 839.102(a), Government Code, as amended
by Chapters 1033 (H.B. 1114) and 1203 (H.B. 617), Acts of the 79th
Legislature, Regular Session, 2005, is reenacted and amended to
read as follows:
(a) Except as provided by Subsections (b), (c), (d), and
(f), the standard service retirement annuity is an amount equal to
50 percent of the state salary being paid in accordance with Section
659.012(b)(3) at the time the member retires to a judge of a court
of the same classification as the last court to which the retiring
member was elected or appointed.
SECTION 24. Section 839.102(c), Government Code, is amended
to read as follows:
(c) The standard service retirement annuity of a person
qualifying for retirement under Section 839.101(b) is an amount
computed as a percentage of the state salary being paid in
accordance with Section 659.012(b)(3) at the time the member
retires to a judge of a court of the same classification as the last
court to which the retiring member was elected or appointed,
according to the following schedule:
age at retirement percentage of state salary
at least 60 but less than 61 40 percent
at least 61 but less than 62 41.7 percent
at least 62 but less than 63 43.6 percent
at least 63 but less than 64 45.6 percent
at least 64 but less than 65 47.7 percent.
SECTION 25. Section 839.201(b), Government Code, is amended
to read as follows:
(b) A member otherwise eligible may not receive a disability
retirement annuity unless the [chief justice of the supreme court
and the] medical board finds [certify] that the member is mentally
or physically incapacitated for the further performance of regular
judicial duties and submits a certification of disability to the
executive director.
SECTION 26. Section 839.202, Government Code, is amended to
read as follows:
Sec. 839.202. APPLICATION FOR DISABILITY; DISABILITY
REPORTS. (a) A member may apply for a disability retirement
annuity by:
(1) filing an application for retirement with the
board of trustees; or
(2) having an application filed with the board by the
member's spouse, employer, or legal representative.
(a-1) A member who applies for retirement because of
physical incapacity shall file with the board of trustees
[retirement system and the chief justice of the supreme court]
written reports by two physicians licensed to practice medicine in
this state, fully reporting the claimed physical incapacity.
(b) The board of trustees [retirement system] shall refer an
application for disability retirement to the medical board for its
recommendations. The medical board may require an applicant to
submit any additional information it considers necessary to enable
it to make its recommendations.
[(c) The chief justice of the supreme court may direct the
retirement system to employ a physician under Section 840.203 or
may direct the medical board to require additional information
under Subsection (b).]
SECTION 27. Subchapter C, Chapter 839, Government Code, is
amended by adding Section 839.2025 to read as follows:
Sec. 839.2025. DETERMINATION OF DISABILITY. In determining
whether a member is mentally or physically incapacitated for the
further performance of regular judicial duties, the medical board
may apply the standard prescribed by Section 814.203.
SECTION 28. Section 840.102(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsections (g) and (h), each
payroll period, a judicial officer who is a member of the retirement
system is required to contribute 9.5[:
[(1) 6.6] percent of the officer's state compensation
for service rendered after [August 31, 2013, and before] September
1, 2019 [2014;
[(2) 6.9 percent of the officer's state compensation
for service rendered after August 31, 2014, and before September 1,
2015;
[(3) 7.2 percent of the officer's state compensation
for service rendered after August 31, 2015, and before September 1,
2016;
[(4) 7.5 percent of the officer's state compensation
for service rendered after August 31, 2016; or
[(5) for service rendered on or after September 1,
2017, the lesser of:
[(A) 7.5 percent of the officer's state
compensation; or
[(B) a percentage of the officer's state
compensation equal to 7.5 percent reduced by one-tenth of one
percent for each one-tenth of one percent that the state
contribution rate for the fiscal year to which the service relates
is less than the state contribution rate established for the 2015
fiscal year].
SECTION 29. Sections 840.202(c) and 840.203, Government
Code, are repealed.
SECTION 30. Sections 834.201(b) and 834.202, Government
Code, as amended by this Act, and Section 834.2025, Government
Code, as added by this Act, apply only to an application for
disability retirement filed on or after the effective date of this
Act. An application filed before the effective date of this Act is
governed by the law in effect on the date the application was filed,
and that law is continued in effect for that purpose.
SECTION 31. Section 837.004, Government Code, as added by
this Act, applies to a retiree of the Judicial Retirement System of
Texas Plan Two regardless of whether the person retired from
judicial service before, on, or after the effective date of this
Act.
SECTION 32. Section 839.102, Government Code, as amended by
this Act, applies only to a member of the Judicial Retirement System
of Texas Plan Two who retires on or after the effective date of this
Act. A member who retires before the effective date of this Act is
governed by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 33. Sections 839.201(b) and 839.202, Government
Code, as amended by this Act, and Section 839.2025, Government
Code, as added by this Act, apply only to an application for
disability retirement filed on or after the effective date of this
Act. An application filed before the effective date of this Act is
governed by the law in effect on the date the application was filed,
and that law is continued in effect for that purpose.
SECTION 34. This Act takes effect September 1, 2019.