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  S.B. No. 497
 
 
 
 
AN ACT
  relating to compensation paid to certain judges and justices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 26.006, Government Code,
  is amended to read as follows:
         (b)  To receive a supplement under Subsection (a), a county
  judge must file with the comptroller's judiciary section [Office of
  Court Administration of the Texas Judicial System] an affidavit
  stating that at least 40 percent of the functions that the judge
  performs are judicial functions. [The office of court
  administration shall send the affidavit to the comptroller.]
         SECTION 2.  Subsection (a), Section 659.0125, Government
  Code, is amended to read as follows:
         (a)  Notwithstanding Section 659.012 or any other law, a
  district judge who presides over multidistrict litigation
  involving claims for asbestos-related or silica-related injuries
  is entitled to receive, in addition to all other compensation,
  expenses, and perquisites authorized by law, the maximum amount of
  compensation set by the Texas Judicial Council for a presiding
  judge under Section 74.051(b). The annual amount must be
  apportioned over 12 equal monthly payments and be paid to the judge
  by the comptroller's judiciary section [Texas Judicial Council] for
  each month during which the judge retains jurisdiction over the
  claims.
         SECTION 3.  Section 659.0445, Government Code, is amended by
  amending Subsection (b) and adding Subsections (d) and (e) to read
  as follows:
         (b)  The monthly amount of longevity pay under this section
  to which a judge or justice described by Subsection (a) is entitled:
               (1)  is equal to the product of .031 multiplied by the
  amount of the judge's or justice's current monthly state salary [$20
  for each year of service credited in the applicable retirement
  system, subject to Subsection (c)]; and
               (2)  [is calculated and] becomes payable beginning with
  the month following the month in which the judge or justice
  completes 16 years of service for which credit is established in the
  applicable retirement system.
         (d)  The commissioners court of a county may provide
  longevity pay calculated in accordance with this section to a judge
  or justice described by Subsection (a) who:
               (1)  previously served as a statutory county court
  judge in the county;
               (2)  is not otherwise eligible for longevity pay under
  Subsection (b); and
               (3)  would be entitled to longevity pay under this
  section if the service credit the judge or justice earned as a
  statutory county court judge was established in the applicable
  retirement system.
         (e)  Notwithstanding any other law, longevity pay that is
  paid to a judge or justice under this section is not included as
  part of the judge's or justice's combined salary from state and
  county sources for purposes of the salary limitations provided by
  Section 659.012.
         SECTION 4.  Subsection (c), Section 659.0445, Government
  Code, is repealed.
         SECTION 5.  The changes in law made by this Act apply to
  longevity pay payable to a judge or justice after the effective date
  of this Act, regardless of the date the judge or justice first
  becomes entitled to longevity pay.
         SECTION 6.  This Act takes effect September 1, 2009.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 497 passed the Senate on
  March 19, 2009, by the following vote:  Yeas 31, Nays 0;
  May 29, 2009, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 30, 2009, House
  granted request of the Senate; May 31, 2009, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 497 passed the House, with
  amendments, on May 27, 2009, by the following vote:  Yeas 148,
  Nays 0, one present not voting; May 30, 2009, House granted request
  of the Senate for appointment of Conference Committee;
  May 31, 2009, House adopted Conference Committee Report by the
  following vote:  Yeas 142, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor