H.B. No. 3199
 
 
 
 
AN ACT
  relating to the creation of the Judicial Compensation Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 2, Government Code, is amended
  by adding Chapter 35 to read as follows:
  CHAPTER 35. JUDICIAL COMPENSATION COMMISSION
  SUBCHAPTER A. ORGANIZATION
         Sec. 35.001.  DEFINITION. In this chapter, "commission"
  means the Judicial Compensation Commission.
         Sec. 35.002.  MEMBERSHIP; TERMS. (a)  The commission
  consists of nine members appointed by the governor with the advice
  and consent of the senate.
         (b)  No more than three members serving on the commission may
  be licensed to practice law in this state.
         (c)  Members serve for staggered terms of six years with the
  terms of three members expiring February 1 of each odd-numbered
  year.
         Sec. 35.003.  VACANCY. In the event of a vacancy, the
  governor shall appoint a replacement to fill the unexpired portion
  of the term.
         Sec. 35.004.  PRESIDING OFFICER. The governor shall
  designate a member of the commission as the presiding officer of the
  commission to serve in that capacity at the will of the governor.
  The presiding officer may vote on all matters before the
  commission.
         Sec. 35.005.  QUALIFICATIONS. (a) Each member must be a
  registered voter of the state.
         (b)  A member of the commission may not hold any other public
  office or be an employee of any state department, agency, board, or
  commission during the member's tenure on the commission.
         (c)  A person may not be a member of the commission or act as
  the general counsel to the commission if the person is required to
  register as a lobbyist under Chapter 305 because of the person's
  activities for compensation on behalf of a profession related to
  the operation of the commission.
         (d)  Appointments to the commission shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointees.
         Sec. 35.006.  REMOVAL. (a)  It is a ground for removal from
  the commission that a member:
               (1)  does not have at the time of appointment the
  qualification required by Section 35.005(a);
               (2)  does not maintain during service on the commission
  the qualification required by Section 35.005(a);
               (3)  violates the prohibition established by Section
  35.005(b);
               (4)  is ineligible for membership under Section
  35.005(c);
               (5)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (6)  is absent from more than half of the regularly
  scheduled meetings that the member is eligible to attend during a
  calendar year without an excuse approved by a majority vote of the
  commission.
         (b)  The validity of an action of the commission is not
  affected by the fact that it is taken when a ground for removal of a
  commission member exists.
         Sec. 35.007.  ADMINISTRATIVE SUPPORT. (a)  The Office of
  Court Administration of the Texas Judicial System shall provide
  administrative support for the commission. The commission is
  entitled to receive staff support, meeting facilities, temporary
  work facilities, including computer, telephone, reproduction, and
  facsimile equipment, available data, and other resources from the
  office as necessary to carry out the commission's powers and
  duties.
         (b)  The Office of Court Administration of the Texas Judicial
  System shall grant all reasonable requests for staff support and
  resources under this section.
         Sec. 35.008.  COMPENSATION AND REIMBURSEMENT. (a)  A member
  of the commission may not receive compensation for the member's
  service on the commission.
         (b)  The Office of Court Administration of the Texas Judicial
  System shall reimburse a member for all actual and reasonable
  expenses incurred in the exercise of powers and performance of
  duties under this chapter.
         (c)  A member shall follow the reimbursement procedures of
  the Office of Court Administration of the Texas Judicial System.
  [Sections 35.009-35.100 reserved for expansion]
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 35.101.  MEETINGS. The commission shall meet at the
  call of the presiding officer or at the request of a majority of the
  members.
         Sec. 35.102.  BIENNIAL REPORTS. (a)  Not later than
  December 1 of each even-numbered year, the commission shall make a
  biennial report to the legislature. In the report, the commission
  shall recommend the proper salaries to be paid by the state for all
  justices and judges of the supreme court, the court of criminal
  appeals, the courts of appeals, and the district courts.
         (b)  In recommending the proper salaries for all justices and
  judges of the supreme court, the court of criminal appeals, the
  courts of appeals, and the district courts, the commission shall
  consider the following factors:
               (1)  the skill and experience required of the
  particular judgeship at issue;
               (2)  the value of compensable service performed by
  justices and judges, as determined by reference to judicial
  compensation in other states and the federal government;
               (3)  the value of comparable service performed in the
  private sector, including private judging, arbitration, and
  mediation;
               (4)  the compensation of attorneys in the private
  sector;
               (5)  the cost of living and changes in the cost of
  living;
               (6)  the compensation from the state presently received
  by other public officials in the state, including:
                     (A)  state constitutional officeholders;
                     (B)  deans, presidents, and chancellors of the
  public university systems; and
                     (C)  city attorneys in major metropolitan areas
  for which that information is readily available;
               (7)  other factors that are normally or traditionally
  taken into consideration in the determination of judicial
  compensation; and
               (8)  most importantly, the level of overall
  compensation adequate to attract the most highly qualified
  individuals in the state, from a diversity of life and professional
  experiences, to serve in the judiciary without unreasonable
  economic hardship and with judicial independence unaffected by
  financial concerns.
         SECTION 2.  In appointing the initial members of the
  Judicial Compensation Commission, the governor shall appoint three
  persons to terms expiring February 1, 2009, three persons to terms
  expiring February 1, 2011, and three persons to terms expiring
  February 1, 2013.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3199 was passed by the House on April
  27, 2007, by the following vote:  Yeas 133, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3199 on May 25, 2007, by the following vote:  Yeas 137, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3199 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor