HBA-ATS, KMH H.B. 1123 76(R)BILL ANALYSIS
Office of House Bill AnalysisH.B. 1123
By: Thompson
Judicial Affairs
9/21/1999
Enrolled
BACKGROUND AND PURPOSE
H.B. 1123 sets the annual salary of a statutory county judge, other than a
statutory county court judge who engages in private practice or a judge in
whose court fees and costs under Section 51.702 (Additional Fees and Costs
in Certain Statutory Courts), Government Code, are not collected, at an
amount $1,000 less than the annual salary received by a district judge in
the county on August 31, 1999. However, a county is not subject to this
salary requirement if it increases the salary of a statutory county judge
from $20,000 to $28,000 more than the salary the judge was entitled to on
May 1 of the year the county initially begins collecting fees and costs
under Section 51.702.
This bill also increases the contribution of the state toward the salaries
of county judges to $35,000, rather than $30,000. Thirty thousand dollars
of the state's contribution to the salaries of county judges is required to
be paid from funds appropriated from the judicial fund, and $5,000 from
funds appropriated from the general revenue fund. Moreover, this bill
increases from $5,000 to $10,000 the annual salary supplement to which a
county judge is entitled to receive if at least 40 percent of the judge's
performed functions are judicial in nature.
This bill also requires the state annually to compensate each county that
collects additional fees under various sections of the Government Code in
various amounts for judges in the county. For fees collected under Section
51.704, the state must compensate the county in an amount equal to $40,000
for each statutory probate court judge in the county. For additional fees
and costs collected under Section 51.703, the state must compensate the
county in an amount equal to $5,000 if the county judge is entitled to a
state salary supplement.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 25.0005(a) and (e), Government Code, as follows:
(a) Sets the annual salary of a statutory county judge, other than a
statutory county court judge who engages in private practice or a judge in
whose court fees and costs under Section 51.702 are not collected, at an
amount $1,000, rather than $4,000, less than the annual salary received by
a district judge in the county on August 31, 1999.
(e) Provides that a county is not subject to the salary requirements of
Subsection (a) if it increases the salary of a statutory county judge from
$20,000 to $28,000 more than the salary the judge was entitled to on May 1
of the year the county initially begins collecting fees and costs under
Section 51.702. Deletes tiered system under which the increases in the
salary of the statutory judge was determined based on the date the county
initially began collecting fees and costs under Section 51.702.
SECTION 2. Amends Subchapter B, Chapter 25, Government Code, by adding
Sections 25.00211 and 25.00212, as follows:
Sec. 25.00211. STATE CONTRIBUTION. Requires the state annually to
compensate each county that collects the additional fees under Section
51.704 in an amount equal to $40,000 for each statutory probate court judge
in the county. Requires that amount to be paid to the county's salary fund
in equal monthly installments from funds appropriated from the judicial
fund.
Sec. 25.00212. EXCESS CONTRIBUTIONS. (a) Requires the comptroller of
public accounts (comptroller) to determine the amounts deposited in the
judicial fund under Section 51.703 and the amounts paid to the counties
under Section 25.00211. Requires the state, in a case in which the total
amount paid under Section 51.704 by all counties exceeds the total amount
paid to counties under Section 25.00211, to remit the excess to the
counties proportionately based on the percentage of the total paid by each
county.
(b) Requires that the amounts remitted be paid to the county's general fund
to be used only for court-related purposes for the support of the
judiciary.
SECTION 3. Amends Section 25.00015, Government Code, to increase the
contribution of the state toward the salaries of county judges to $35,000,
rather than $30,000. Requires $30,000 of the state's contribution to the
salaries of county judges to be paid from funds appropriated from the
judicial fund, and $5,000 from funds appropriated from the general revenue
fund.
SECTION 4. Amends Section 26.006, Government Code, by amending Subsection
(a) and adding Subsection (c), as follows:
(a) Increases from $5,000 to $10,000 the annual salary supplement which a
county judge is entitled to receive if at least 40 percent of the judge's
performed functions are judicial in nature.
(c) Prohibits the commissioners court from reducing the county funds
provided for the salary or office of the county judge as a result of the
salary supplement.
SECTION 5. Amends Subchapter A, Chapter 26, Government Code, by adding
Sections 26.007 and 26.008, as follows:
Sec. 26.007. STATE CONTRIBUTION. Requires the state annually to
compensate each county that collects the additional fees and costs under
Section 51.703 in an amount equal to $5,000 if the county judge is entitled
to a state salary supplement. Requires that amount to be paid to the
county's salary fund in equal monthly installments from funds appropriated
from the judicial fund.
Sec. 26.008. EXCESS CONTRIBUTIONS. (a) Requires the comptroller of public
accounts (comptroller) to determine the amounts deposited in the judicial
fund under Section 51.703 and the amounts paid to the counties under
Section 26.007. Requires the state, in a case in which the total amount
paid under Section 51.703 by all counties exceeds the total amount paid to
counties under Section 26.007, to remit the excess to the counties that
collect fees and costs under Section 51.703 proportionately based on the
percentage of the total paid by each county.
(b) Requires that the amounts remitted be paid to the county's general fund
to be used only for court-related purposes for the support of the
judiciary.
SECTION 6. Amends the heading to Section 51.702, Government Code, to read
"ADDITIONAL FEES AND COSTS IN CERTAIN STATUTORY COUNTY COURTS."
SECTION 7. Amends Subchapter H, Chapter 51, Government Code, by adding
Section 51.703, as follows:
Sec. 51.703. ADDITIONAL FEES AND COSTS IN CERTAIN COUNTY COURTS. (a)
Requires the clerk of a county court with a judge who is entitled to a
state salary supplement to collect a $40 filing fee in each civil case
filed in the court to be used for court-related purposes for the support
of the judiciary.
(b) Requires a person to pay $15 as a court cost on conviction of any
criminal offense in a county court. Provides that a conviction that arises
under Chapter 521 (Driver's Licenses and Certificates), Transportation
Code, or a conviction under Subtitle C (Rules of the Road), Title 7
(Vehicles and Traffic), Transportation Code, is included in the $15 fee,
except that a conviction arising under any law that regulates pedestrians
or the parking of motor vehicles is not included.
(c) Requires that court costs and fees due under this section be collected
in the same manner as other fees, fines, or costs are collected in the
case.
(d) Requires the clerk to send the fees and costs collected to the
comptroller at least as frequently as monthly. Requires the comptroller to
deposit the fees in the judicial fund.
(e) Sets forth that Section 51.320 applies to a fee or cost collected under
this section.
SECTION 8. Amends Subchapter H, Chapter 51, Government Code, by adding
Section 51.704, as follows:
Sec. 51.704. ADDITIONAL FEES IN CERTAIN STATUTORY PROBATE COURTS. (a)
Requires the clerk of a statutory probate court to collect a $40 filing fee
in each probate, guardianship, mental health, or civil case filed in the
court to be used for court-related purposes for the support of the
judiciary, except as provided by Subsection (f).
(b) Requires that court fees due under this section be collected in the
same manner as other fees, fines, or costs are collected in the case.
(c) Requires the clerk to send the fees collected to the comptroller at
least as frequently as monthly. Requires the comptroller to deposit the
fees in the judicial fund.
(d) Sets forth that Section 51.320 applies to a fee collected under this
section.
(e) Sets forth that this section applies only to fees for a 12-month period
beginning July 1 in a county in which the commissioners court adopts a
resolution authorizing the fees under this section, and files the
resolution with the comptroller not later than June 1 immediately preceding
the first 12-month period during which the fees are to be collected.
(f) Establishes that a resolution under Subsection (e) continues from year
to year to allow the county to collect fees until the resolution is
rescinded.
(g) Provides that a commissioners court that desires to rescind a
resolution adopted under Subsection (e) must submit to the comptroller by
June 1 preceding the beginning of the first day of the state fiscal year a
resolution stating its desire to rescind the resolution.
(h) Authorizes a county that is not eligible to participate under
Subsection (e) on July 1 of a year but that is eligible to participate
later in the year to submit a resolution meeting the requirements of
Subsection (e) to the comptroller. Requires the comptroller to determine
the date the county is authorized to begin to collect fees under this
section. Provides that a county that begins to collect fees after July 1 is
not eligible for a payment by the comptroller until the 60th day after the
date the comptroller determines the county is authorized to begin to
collect fees under this section.
(i) Prohibits a clerk from collecting a fee under this section and under
Section 51.701 or 51.702.
SECTION 9. Makes application of Section 51.703, Government Code,
prospective.
SECTION 10. Makes application of Section 51.704, Government Code,
prospective.
SECTION 11. Effective date: October 1, 1999.
Makes application of this Act prospective.
SECTION 12. Emergency clause.