The commissioners court must set and pay compensation for statutory probate court judges, including salary, possible benefit replacement pay, and longevity pay under stated conditions.
Sec. 25.0023. COMPENSATION OF PROBATE COURT JUDGES. (a) The commissioners court shall set the total annual salary of each judge of a statutory probate court at an amount that is at least equal to the sum of the annual salary as set by the General Appropriations Act in accordance with Section 659.012 paid to a district judge with comparable years of service as the statutory probate court judge and any state or county contributions and supplements paid to a district judge in the county, other than contributions received as compensation under Section 74.051. A statutory probate court judge's total annual salary includes any state or county contributions and supplements paid to the judge, other than contributions paid under Section 25.0022(e). For purposes of this subsection, the years of service of a statutory probate court judge include any years of service as: (1) an appellate court, district court, multicounty statutory county court, or statutory county court justice or judge; or (2) a district attorney, criminal district attorney, or county attorney. (a-1) The minimum salary prescribed by Subsection (a) that is to be based on the annual salary of a district judge under Section 659.012(b) becomes effective on the first day of the county's fiscal year following the date the judge accrues the years of service required for an increase in salary under Subsection (a). (a-2) Notwithstanding Subsection (a), the maximum annual salary of a statutory probate court judge is $1,000 less than the sum of the maximum combined annual salary from all state and county sources paid to a district judge entitled to a salary under Section 659.012(b)(2) and any longevity pay received by a district judge in accordance with Section 659.0445(d). (b) Notwithstanding any other law and in addition to the judge's annual salary, the commissioners court annually shall pay a judge of a statutory probate court who has continuously served as a judge of a statutory probate court or a statutory county court since August 31, 1995, an additional amount equal to the amount of benefit replacement pay a district judge is entitled to receive from the state under Subchapter H, Chapter 659, for equivalent continuous service. (c) The commissioners court monthly shall pay a statutory probate court judge who has served as a judge of a statutory probate court or a statutory county court for at least 16 years longevity pay in an amount equal to the amount of longevity pay a district judge is entitled to receive from the state for equivalent years of service. The longevity pay is in addition to the judge's monthly salary. Added by Acts 1987, 70th Leg., ch. 148, Sec. 4.01, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 426, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 9.0025, eff. Sept. 1, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 609 (H.B. 765), Sec. 1, eff. June 19, 2009. Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 5, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 2.002, eff. September 1, 2023.