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.