CHAPTER 35. JUDICIAL COMPENSATION COMMISSION

GOVERNMENT CODE

TITLE 2. JUDICIAL BRANCH

SUBTITLE B. JUDGES

CHAPTER 35. JUDICIAL COMPENSATION COMMISSION

SUBCHAPTER A. ORGANIZATION

Sec. 35.001. DEFINITION.In this chapter, "commission" means the

Judicial Compensation Commission.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

Sec. 35.003. VACANCY. In the event of a vacancy, the governor

shall appoint a replacement to fill the unexpired portion of the

term.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

1090, Sec. 1, eff. September 1, 2007.