This section sets how a presiding judge’s salary is determined and paid, and requires counties to fund and process their share of the payment.
Sec. 74.051. COMPENSATION. (a) In addition to all other compensation, expenses, and perquisites authorized by law, including this chapter, a presiding judge shall receive compensation as provided by this section for performing the duties of a presiding judge. (b) Except as provided by Subsection (c), a presiding judge shall receive a salary in an amount not to exceed 30 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a). The Texas Judicial Council shall set the salary biennially and, in arriving at the amount of the salary, shall consider whether the presiding judge is active in administrative duties, performs part time, or is a retired judge. The salary set by the Texas Judicial Council shall be apportioned to each county in the region according to the population of the counties in the region and shall be paid through the county budget process. (c) A presiding judge who is a retired or former district judge or a retired appellate judge and who presides over an administrative region with 30 or more district courts, statutory county courts, and retired and former judges named on the list maintained under Section 74.055 for the administrative region is entitled to an annual salary for each fiscal year in an amount equal to: Number of Courts and Judges Salary 30 to 49 30 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a) 50 to 69 35 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a) 70 to 89 40 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a) 90 or more 45 percent of the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a) (d) The salary shall be apportioned to each county in the region according to the population of the counties comprising the region. (e) Each county comprising the administrative region shall pay annually to the presiding judge, out of the officers' salary fund or the general fund of the county, the amount of the salary apportioned to it as provided by this section and the other expenses authorized by this chapter that are not paid by state appropriations. The presiding judge shall place each county's payment of salary and other expenses in an administrative fund, from which the salary and other expenses shall be paid. The salary shall be paid from the administrative fund in 12 equal monthly payments. Renumbered from Sec. 74.018 and amended by Acts 1987, 70th Leg., ch. 674, Sec. 2.04, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 656, Sec. 2, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 294, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2005, 79th Leg., Ch. 258 (H.B. 1686), Sec. 1, eff. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 14, eff. September 1, 2019.