By: Ogden	S.B. No. 1582

	A BILL TO BE ENTITLED
	AN ACT
	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 [created in the
	state treasury and shall be administered by] the court of criminal
	appeals for the uses authorized in Section 56.003.
	(b) [(i)]  On requisition of the court of criminal appeals,
	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. [At the end of each state fiscal year, any
	unexpended balance in the fund in excess of $500,000 shall be
	transferred to the general revenue fund.]
	(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 [$40] for each day or fraction of each day the
	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 [$34 a day] for
	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)
	[shall:
	[(1)     pay the balance owed to the county when
	sufficient money described by Subsection (c) is available; or
	[(2)     carry forward the balance owed to the county and
	pay the balance to the county when the next payment is required].
	ARTICLE 5.  EFFECTIVE DATE
	SECTION 5.01.  This Act takes effect September 1, 2011.