By: Leach H.B. No. 2779       A BILL TO BE ENTITLED   AN ACT   relating to the compensation and retirement benefits of certain   elected state officials.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.006(a), Government Code, is amended   to read as follows:          (a)  A county judge is entitled to an annual salary   supplement from the state in an amount equal to 18 percent of the   annual [state base] salary paid to a district judge with comparable   years of service as the county judge as set by the General   Appropriations Act in accordance with Section 659.012 [659.012(a)]   if at least 18 percent of the:                (1)  functions that the judge performs are judicial   functions; or                (2)  total hours that the judge works are in the   performance of judicial functions.          SECTION 2.  Section 659.012(a), Government Code, is amended   to read as follows:          (a)  Notwithstanding Section 659.011 and subject to   Subsections (b) and (b-1):                (1)  a judge of a district court is entitled to an   annual base salary from the state as set by the General   Appropriations Act in an amount equal to at least $172,494   [$140,000], except that the combined base salary of a district   judge from all state and county sources, including compensation for   any extrajudicial services performed on behalf of the county, may   not exceed the amount that is $5,000 less than the maximum combined   base salary from all state and county sources for a justice of a   court of appeals other than a chief justice as determined under this   subsection;                (2)  a justice of a court of appeals other than the   chief justice is entitled to an annual base salary from the state in   the amount equal to 110 percent of the state base salary of a   district judge as set by the General Appropriations Act, except   that the combined base salary of a justice of the court of appeals   other than the chief justice from all state and county sources,   including compensation for any extrajudicial services performed on   behalf of the county, may not exceed the amount that is $5,000 less   than the base salary for a justice of the supreme court as   determined under this subsection;                (3)  a justice of the supreme court other than the chief   justice or a judge of the court of criminal appeals other than the   presiding judge is entitled to an annual base salary from the state   in the amount equal to 120 percent of the state base salary of a   district judge as set by the General Appropriations Act; and                (4)  the chief justice or presiding judge of an   appellate court is entitled to an annual base salary from the state   in the amount equal to $2,500 more than the state base salary   provided for the other justices or judges of the court, except that   the combined base salary of the chief justice of a court of appeals   from all state and county sources may not exceed the amount equal to   $2,500 less than the base salary for a justice of the supreme court   as determined under this subsection.          SECTION 3.  Section 810.003, Government Code, is amended by   amending Subsections (c), (d), and (e) and adding Subsection (d-1)   to read as follows:          (c)  Except as provided by Subsection (d), a member of a   public retirement system is not eligible to receive a service   retirement annuity under the retirement system if the member is:                (1)  convicted of a qualifying felony committed while   in office and arising directly from the official duties of that   elected office; or                 (2)  expelled from a house of the legislature under   Section 11, Article III, Texas Constitution.          (d)  The retirement system, on receipt of notice of a   conviction under Subsection (e) or (k), any similar notice of a   conviction of a qualifying felony from a United States district   court or United States attorney, or any other information that the   retirement system determines by rule is sufficient to establish a   conviction of a qualifying felony, shall suspend payments of a   service retirement annuity to a person the system determines is   ineligible to receive the annuity under Subsection (c)(1). A   person whose conviction is overturned on appeal or who meets the   requirements for innocence under Section 103.001(a)(2), Civil   Practice and Remedies Code:                (1)  is entitled to receive an amount equal to the   accrued total of payments and interest earned on the payments   withheld during the suspension period; and                (2)  may resume receipt of annuity payments on payment   to the retirement system of an amount equal to the contributions   refunded to the person under Subsection (f).          (d-1)  The retirement system, on receipt of notice of   expulsion of a member from the legislature, shall suspend payments   of a service retirement annuity to a person the system determines is   ineligible to receive the annuity under Subsection (c)(2).          (e)  Not later than the 30th day after the conviction of a   person of a qualifying felony or expulsion of a member from the   legislature, the governmental entity to which the person was   elected or appointed must provide written notice of the conviction   or expulsion to the public retirement system in which the person is   enrolled. The notice must comply with the administrative rules   adopted by the public retirement system under Subsection (j).          SECTION 4.  Sections 814.103(a) and (a-1), Government Code,   are amended to read as follows:          (a)  Except as provided by Subsection (a-1) or (b), the   standard service retirement annuity for service credited in the   elected class of membership is an amount equal to the number of   years of service credit in that class, times 2.3 percent of the sum   of $140,000 plus any applicable increases determined by the Texas   Ethics Commission to reflect inflation or any other relevant   factors [the state base salary, excluding longevity pay payable   under Section 659.0445 and as adjusted from time to time, being paid   to a district judge as set by the General Appropriations Act in   accordance with Section 659.012(a)].          (a-1)  Except as provided by Subsection (b), the standard   service retirement annuity for service credited in the elected   class of membership for a member of the class under Section   812.002(a)(3) whose effective date of retirement is on or after   September 1, 2019, is an amount equal to the number of years of   service credit in that class, times 2.3 percent of the state salary,   excluding longevity pay payable under Section 659.0445 [and as   adjusted from time to time], being paid in accordance with Section   659.012 to a district judge who has the same number of years of   contributing service credit as the member on the member's last day   of service as a district or criminal district attorney, as   applicable.          SECTION 5.  Section 820.053(c), Government Code, is amended   to read as follows:          (c)  For purposes of this section, a member of the elected   class of membership under Section 812.002(a)(2) shall have the   member's accumulated account balance computed as if the   contributions to the account were based on an annual [the state   base] salary equal to the dollar amount used to compute the standard   service retirement annuity for service credited in the elected   class of membership under Section 814.103(a)[, excluding longevity   pay payable under Section 659.0445, being paid a district judge as   set by the General Appropriations Act in accordance with Section   659.012(a)].          SECTION 6.  Section 26.006(a), Government Code, as amended   by this Act, applies only to a salary payment for a pay period   beginning on or after the effective date of this Act. A salary   payment for a pay period beginning before the effective date of this   Act is governed by the law in effect on the date the pay period   began, and that law is continued in effect for that purpose.          SECTION 7.  Notwithstanding Section 659.012(a), Government   Code, as amended by this Act, a judge of a district court is   entitled to an annual base salary from the state as set by the   General Appropriations Act in an amount equal to at least $155,400   for the state fiscal year beginning September 1, 2023, and ending   August 31, 2024, and that amount is the annual base salary to be   used for the purpose of calculating any other judicial salaries by   reference to that section for the state fiscal year beginning   September 1, 2023, and ending August 31, 2024.          SECTION 8.  This Act takes effect September 1, 2023.