Bill Text: TX SB1582 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to state fiscal matters related to the judiciary.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-13 - Reported favorably as substituted [SB1582 Detail]
Download: Texas-2011-SB1582-Engrossed.html
By: Ogden | S.B. No. 1582 |
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relating to state fiscal matters related to the judiciary. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. REDUCTION IN GENERAL APPROPRIATIONS ACT | ||
SECTION 1.01. An active, former, or retired visiting judge | ||
or justice is not entitled to an amount from the state for expenses, | ||
per diem, travel, or salary that exceeds the amount authorized for | ||
those purposes by the General Appropriations Act. | ||
SECTION 1.02. A local administrative district judge is not | ||
entitled to a salary from the state under Subsection (d), Section | ||
659.012, Government Code, that exceeds the amount authorized for | ||
that salary by the General Appropriations Act. | ||
SECTION 1.03. An active district judge is not entitled to | ||
travel expenses under Section 24.019, Government Code, in an amount | ||
that exceeds the amount authorized for those expenses by the | ||
General Appropriations Act. | ||
SECTION 1.04. A judge, justice, or prosecuting attorney is | ||
not entitled to an amount from the state for a salary, a salary | ||
supplement, office expenses or reimbursement of office expenses, or | ||
travel that exceeds the amount authorized for those purposes by the | ||
General Appropriations Act. | ||
SECTION 1.05. (a) A county is not entitled to receive from | ||
the state supplemental salary compensation for county prosecutors | ||
under Section 46.0031, Government Code, or longevity pay | ||
supplements reimbursement under Section 41.255, Government Code, | ||
or any other supplements for prosecutors, in an amount that exceeds | ||
the amount appropriated for those purposes by the General | ||
Appropriations Act. | ||
(b) A county is not entitled to reimbursement under Article | ||
11.071, Code of Criminal Procedure, for reimbursement for | ||
compensation of counsel under that article in an amount that | ||
exceeds the amount appropriated for that purpose in the General | ||
Appropriations Act. | ||
SECTION 1.06. A person reimbursed by the state for travel | ||
and expenses for attendance as a witness as provided by Article | ||
35.27, Code of Criminal Procedure, is not entitled to an amount that | ||
exceeds the amount appropriated for that purpose by the General | ||
Appropriations Act. | ||
ARTICLE 2. FISCAL MATTERS REGARDING PROCESS SERVERS | ||
SECTION 2.01. Subchapter A, Chapter 51, Government Code, is | ||
amended by adding Section 51.008 to read as follows: | ||
Sec. 51.008. FEES FOR PROCESS SERVER CERTIFICATION. | ||
(a) The process server review board established by supreme court | ||
order may recommend to the supreme court the fees to be charged for | ||
process server certification and renewal of certification. The | ||
supreme court must approve the fees recommended by the process | ||
server review board before the fees may be collected. | ||
(b) If a certification is issued or renewed for a term that | ||
is less than the certification period provided by supreme court | ||
rule, the fee for the certification shall be prorated so that the | ||
process server pays only that portion of the fee that is allocable | ||
to the period during which the certification is valid. On renewal | ||
of the certification on the new expiration date, the process server | ||
must pay the entire certification renewal fee. | ||
(c) The Office of Court Administration of the Texas Judicial | ||
System may collect the fees recommended by the process server | ||
review board and approved by the supreme court. Fees collected | ||
under this section shall be sent to the comptroller for deposit to | ||
the credit of the general revenue fund. | ||
(d) Fees collected under this section may be appropriated to | ||
the Office of Court Administration of the Texas Judicial System for | ||
the support of regulatory programs for process servers and | ||
guardians. | ||
(e) The Office of Court Administration of the Texas Judicial | ||
System shall certify to the comptroller the date on which fees | ||
collected under this section during a state fiscal biennium equal | ||
or exceed $500,000. The fees to be charged for process server | ||
certification and renewal of certification shall not be collected | ||
or required to be paid on or after the first day of the second month | ||
following the certification until the first day of a new state | ||
fiscal biennium. | ||
(f) This section expires September 1, 2013. | ||
SECTION 2.02. (a) The fees recommended and approved under | ||
Section 51.008, Government Code, as added by this article, apply | ||
to: | ||
(1) each person who holds a process server | ||
certification on the effective date of this Act; and | ||
(2) each person who applies for process server | ||
certification on or after the effective date of this Act. | ||
(b) The Office of Court Administration of the Texas Judicial | ||
System shall prorate the process server certification fee so that a | ||
person who holds a process server certification on the effective | ||
date of this Act pays only that portion of the fee that is allocable | ||
to the period during which the certification is valid. On renewal | ||
of the certification on the new expiration date, the entire | ||
certification renewal fee is payable. | ||
ARTICLE 3. FISCAL MATTERS REGARDING JUDICIAL AND COURT PERSONNEL | ||
TRAINING FUND | ||
SECTION 3.01. (a) Section 56.001, Government Code, is | ||
amended to read as follows: | ||
Sec. 56.001. JUDICIAL AND COURT PERSONNEL TRAINING FUND. | ||
(a) The judicial and court personnel training fund is an account | ||
in the general revenue fund. Money in the judicial and court | ||
personnel training fund may be appropriated only to [ |
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appeals for the uses authorized in Section 56.003. | ||
(b) [ |
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the comptroller shall draw a warrant on the fund for the amount | ||
specified in the requisition for a use authorized in Section | ||
56.003. A warrant may not exceed the amount appropriated for any | ||
one fiscal year. [ |
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(c) The account is exempt from the application of: | ||
(1) Section 403.095, as effective on September 1, | ||
2011; and | ||
(2) any successor to that section. | ||
(b) It is the intent of the legislature that: | ||
(1) to the extent the differences are irreconcilable | ||
and regardless of relative dates of enactment and relative | ||
effective dates, the exemption of the judicial and court personnel | ||
training fund from the application of Section 403.095, Government | ||
Code, and any successor to that section, provided by Subsection | ||
(c), Section 56.001, Government Code, as added by this section, | ||
prevails over any other Act of the 82nd Legislature, Regular | ||
Session, that becomes law; and | ||
(2) Section 403.095, Government Code, as effective on | ||
September 1, 2011, and any successor to that section, do not apply | ||
to the fund. | ||
ARTICLE 4. FISCAL MATTERS REGARDING PAYMENT OF JURORS | ||
SECTION 4.01. Subsection (a), Section 61.001, Government | ||
Code, is amended to read as follows: | ||
(a) Except as provided by Subsection (c), a person who | ||
reports for jury service in response to the process of a court is | ||
entitled to receive as reimbursement for travel and other expenses | ||
an amount: | ||
(1) not less than $6 for the first day or fraction of | ||
the first day the person is in attendance in court in response to | ||
the process and discharges the person's duty for that day; and | ||
(2) not less than the amount provided in the General | ||
Appropriations Act [ |
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person is in attendance in court in response to the process after | ||
the first day and discharges the person's duty for that day. | ||
SECTION 4.02. Subsections (a) and (e), Section 61.0015, | ||
Government Code, are amended to read as follows: | ||
(a) The state shall reimburse a county the appropriate | ||
amount as provided in the General Appropriations Act [ |
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the reimbursement paid under Section 61.001 to a person who reports | ||
for jury service in response to the process of a court for each day | ||
or fraction of each day after the first day in attendance in court | ||
in response to the process. | ||
(e) If a payment on a county's claim for reimbursement is | ||
reduced under Subsection (d), or if a county fails to file the claim | ||
for reimbursement in a timely manner, the comptroller may, as | ||
provided by rule, apportion the payment of the balance owed the | ||
county. The comptroller's rules may permit a different rate of | ||
reimbursement for each quarterly payment under Subsection (c) | ||
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ARTICLE 5. EFFECTIVE DATE | ||
SECTION 5.01. This Act takes effect September 1, 2011. |