HBA-JLV C.S.H.B. 2814 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2814
By: Hartnett
Judicial Affairs
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires the commissioners court to set the annual salary of
each judge of a statutory probate court in any county having a population
of 700,000 or more.  However, some regard the population references as
unnecessary because all statutory probate court judges are subject to the
current general provisions regarding salary.  C.S.H.B.  2814 requires the
commissioners court of each county in which a statutory probate court sits
to compensate its statutory probate court judges in an amount that is at
least equal to the salary of a district judge and also repeals certain
duplicate provisions. 

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. 

ANALYSIS

C.S.H.B. 2814 amends the Government Code to remove the restriction that
prevents a commissioners court of a county with a population of less than
700,000 in which a statutory probate court sits from compensating statutory
probate court judges in an amount that is at least equal to the total
annual salary received by a district judge in the county.  The bill
provides that a district judge's or statutory probate court judge's total
annual salary includes contributions and supplements paid by the state or a
county.  The bill also repeals duplicate provisions in the Government Code. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2814 modifies the original to provide that a district judge's or
statutory probate court judge's total annual salary includes certain
contributions and supplements paid by the state or a county.  The
substitute deletes provisions providing for the annual salary of statutory
probate court judges in El Paso County.  The substitute repeals provisions
providing for the annual salary of the judge of a statutory probate court
in Travis County.