HBA-LCA C.S.H.B. 3031 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3031
By: Oliveira
Judicial Affairs
4/15/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The last time regional presiding judges received a salary increase was
1991.  Since then, the responsibilities of presiding judges have increased
for several reasons, including: 

_the expansion of the Title IV-D court master program, which regional
presiding judges oversee; 
_the requirement that presiding judges evaluate all court masters within
their region; 
_Rule 11 (Pretrial Proceedings in Certain Cases), Texas Supreme Court,
which assigns additional responsibilities to regional presiding judges; 
_a proposed rule regarding open records that would require presiding judges
to hear and determine appeals; 
_an increase in motions to recuse regular or assigned judges, which most
presiding judges try to hear; 
_a future requirement that presiding judges appoint and coordinate peer
review committees for senior and former judges; and 
_the role of presiding judges in supplying lists of qualified lawyers for
certain cases to the district clerk in each region. 

C.S.H.B. 3031 increases the salary of a presiding judge from $18,000 to
$23,000 per year, and sets forth a salary schedule, based on the number of
courts and judges over which a regional presiding judge has jurisdiction,
for a presiding judge who is also a retired or former district judge.   

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 74.051(b) and (c), Government Code, as follows:

(b)  Provides that the salary, as set by the Texas Judicial Council, of a
presiding judge of an administrative judicial region shall not exceed
$23,000, rather than $18,000, per year. 

(c)  Increases by $5,000 the annual salary to which certain specified
presiding judges are entitled according to a salary schedule set forth in
this subsection.   

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in the caption to provide that
C.S.H.B. 3031 relates to the compensation of a presiding judge of an
administrative judicial region rather than to the compensation of presiding
judges of administrative judicial regions.