HBA-MPM H.B. 1123 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1123 By: Thompson Judicial Affairs 3/9/1999 Introduced BACKGROUND AND PURPOSE For many years, the state's creation of district courts has lagged behind the caseload of those courts. In response to this problem, counties have requested that the legislature create statutory county courts and increase the jurisdiction of those courts to attempt to handle the surplus caseloads of their district courts. Since 1991, there have been several bills passed providing funding to statutory county courts and attempts to ensure minimum salaries for their judges. All of these bills have relied on filing fees and court costs for funding. Last session, these filing fees were raised to the same level of the district court fees and cannot be raised again. Additional funding is needed from the state to pay for the cost of maintaining county courts. H.B. 1123 allows the state to retain certain fees, requires all counties with statutory county courts to charge these fees, and requires the state to provide each county with an amount equal to $1,000 dollars less than a district judge's state salary for each statutory county court judge. Furthermore, it prohibits a statutory county court judge from engaging in the private practice of law and removes the provision prohibiting engagement in the private practice of law by a judge of a county court at law. 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 Section 25.005, Government Code, as follows: Sec. 25.005. JUDGE'S SALARY. (a) Requires a statutory county court judge to be paid a total annual salary of $1,000, rather than $4,000, less than the total annual salary received by a district judge in the county. Removes the exemption for a statutory county court judge who engages in the private practice or law or whose court fees and costs under Section 51.702 (Additional Fees and Costs in Certain County Courts), Government Code, are not collected. (b) Deletes existing text stating that the commissioners court sets the salary of each statutory county court judge who engages in the private practice of law or in whose court fees and costs under Section 51.702 are not collected, subject to any salary requirements otherwise imposed by this chapter for a particular court or county. (c) Redesignated to Subsection (b). (d) Redesignated to Subsection (c). (e) Deletes existing subsection stating that a county is not required to meet the salary requirements of Subsection (a) for a particular court under certain conditions. SECTION 2. Amends Section 25.0015(a), Government Code, as follows: (a) Requires the state to annually compensate each county in an amount that is $1,000 less than the state salary provided for a district judge under the General Appropriations Act, rather than $30,000, for each statutory county court judge in the county who presides over a court with at least the jurisdiction provided by Section 25.0003 (Jurisdiction), Government Code, and who, except as provided by Section 25.0005(c) (Judge's Salary), rather than Section 25.0005(d), is not excluded from the application of Section 25.0003 or Section 25.0005, Government Code. Deletes the requirement that this county collect additional fees and costs under Section 51.702, Government Code. Section 25.0005(c) requires that a statutory county court judge's salary be paid in equal monthly installments. Section 25.0005(d), notwithstanding Section 25.0001(a), prevails over any other law limiting a statutory county court judge's salary to an amount less than that provided under Subsection (a), but does not affect a salary minimum set by other law equaling or exceeding the amount provided by Subsection (a). SECTION 3. Amends Section 51.702, Government Code, as follows: Sec. 51.702. New title: ADDITIONAL FEES AND COSTS IN COUNTY COURTS. Deletes "certain" from title. (a) Removes the exception of Subsection (g), which, because of its deletion, under this Act, makes a conforming change. (b) Makes no change. (c) Makes no change. (d) Makes no change. (e) Makes no change. (f) Deletes existing text relating to fees and costs collected under Section 51.320 (Bill for Services), Government Code, under certain conditions. (g) Deletes existing text relating to a resolution under Subsection (f) that continues from year to year, allowing the county to collect fees and costs under the terms of this section until that resolution is rescinded. (h) Deletes existing text relating to a commissioners court that desires to rescind a resolution under Subsection (f) and the procedure it must follow. (i) Deletes existing text relating to a county's eligibility to participate under Subsection (f). (j) Redesignated to Subsection (f). (k) Deletes existing text relating to money collected under this section after a county ceases to participate in the collection of additional fees and costs and where and how the money is to be deposited. SECTION 4. Amends Subchapter A, Chapter 25, Government Code, by adding Section 25.0019, as follows: Sec. 25.0019. PRIVATE PRACTICE OF LAW PROHIBITED. Prohibits a statutory county court judge from engaging in the private practice of law. SECTION 5. Amends Section 25.0452(d), Government Code, to remove the provision prohibiting engagement in the private practice of law by a judge of a county court at law. SECTION 6. Amends Section 25.0632(b) to make a conforming change. SECTION 7. Amends Section 25.0812(m), Government Code, to make conforming and nonsubstantive changes. SECTION 8. Amends Section 25.0962(h), Government Code, to make conforming and nonsubstantive changes. SECTION 9. Amends Section 25.1152(e), Government Code, to make a conforming change. SECTION 10. Amends Section 25.1182(e), Government Code, to make a conforming change. SECTION 11. Amends Section 25.1312(l), Government Code, to make a conforming change. SECTION 12. Amends Section 25.1412(c), Government Code, to make conforming changes. SECTION 13. Amends Section 25.1762(e), Government Code, to make a conforming change. SECTION 14. Amends Section 25.1792(e), Government Code, to make a conforming change. SECTION 15. Amends Section 25.1852(e), Government Code, to make a conforming change. SECTION 16. Amends Section 25.1862(m), Government Code, to make conforming and nonsubstantive changes. SECTION 17. Amends Section 25.1902(l), Government Code, to make conforming and nonsubstantive changes. SECTION 18. Amends Section 25.2223(e), Government Code, to make a conforming change. SECTION 19. Amends Section 25.2282(d), Government Code, to make a conforming change. SECTION 20. Repeals the following Sections and Subsections, Government Code: 25.0102(d) (Austin County Court at Law Provisions), Government Code 25.0222(i) (Brazoria Statutory County Court Provisions), Government Code 25.0232(d) (Brazos County Court at Law Provisions), Government Code 25.0302(h) (Caldwell County Court at Law Provisions), Government Code 25.0312(e) (Calhoun County Court at Law Provisions), Government Code 25.0332(g) (Cameron County Court at Law Provisions), Government Code 25.0392(d) (Cherokee County Court at Law), Government Code 25.0482(d) and (i) (Comal County Court at Law Provisions), Government Code 25.0522(d) (Coryell County Court at Law Provisions), Government Code 25.0722(d) (Ellis County Court at Law Provisions), Government Code 25.0742 (Erath County Court at Law Provisions), Government Code 25.0812(f) (Fort Bend County Court at Law Provisions), Government Code 25.0932(i) (Grayson County Court at Law Provisions), Government Code 25.0942(c) (Gregg County Court at Law Provisions), Government Code 25.1033(f) (Harris County Criminal Court at Law Provisions), Government Code 25.1072(i) (Hays County at Law Provisions) [sic], Government Code 25.1092(e) (Henderson County Court at Law Provisions), Government Code 25.1102(l) (Hidalgo County Court at Law Provisions), Government Code 25.1142(e) (Hopkins County Court at Law Provisions), Government Code 25.1182(i) (Hunt County Court at Law Provisions), Government Code 25.1282(d) (Johnson County Court at Law Provisions), Government Code 25.1352(h) (Kerr County Court at Law Provisions), Government Code 25.1482(d) (Liberty County Court at Law Provisions), Government Code 25.1732(d) (Moore County Court at Law Provisions), Government Code 25.1862(d) (Parker County Court at Law Provisions), Government Code 25.1892(d) (Polk County Court at Law Provisions), Government Code 25.1902(g) (Potter County Court at Law Provisions), Government Code 25.1932(c) (Randall County Court at Law Provisions), Government Code 25.1972(d) (Reeves County Court at Law Provisions), Government Code 25.2032(c) (Rusk County Court at Law Provisions), Government Code 25.2072(c) (San Patricio County Court at Law Provisions), Government Code 25.2142(e) (Smith County Court at Law Provisions), Government Code 25.2162(d) (Starr County Court at Law Provisions), Government Code 25.2222(h) (Tarrant County Court at Law Provisions), Government Code 25.2292(e) (Travis County Court at Law Provisions), Government Code 25.2293(g) (Travis County Probate Court Provisions), Government Code 25.2352(d) (Val Verde County Court at Law Provisions), Government Code 25.2382(d) (Walker County Court at Law Provisions), Government Code 25.2392(d) (Waller County Court at Law Provisions), Government Code 25.2412(d) (Washington County Court at Law Provisions), Government Code 25.2422(d) (Webb County Court at Law Provisions), Government Code 25.2452(f) (Wichita County Court at Law Provisions), Government Code 25.2462(c) (Wilbarger County Court at Law Provisions), Government Code 25.2482(d) (Williamson County Court at Law Provisions), Government Code These repealers make conforming changes regarding a county court judge's ability to practice private law, with the exception of 25.2293(g), which states that the judge of a statutory probate court may not engage in the private practice of law. Please note that Section 25.1072 is improperly titled "Hays County at Law Provisions," and should be titled "Hays County Court at Law Provisions." SECTION 21. Effective date: September 1, 1999. Makes application of this Act prospective to a civil case filed or a person convicted of an offense on or after the effective date. Provides that Sections 1 and 2 of this Act take effect October 1, 1999, and makes application of these sections prospective. SECTION 22. Emergency clause.