Tex. Gov't Code Section 659.012
Judicial Salaries


(a)

Notwithstanding Section 659.011 (Salaries Set in Appropriations Act) and subject to Subsections (b) and (b-1):

(1)

a judge of a district court or a division of the business 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 $140,000, except that the combined base salary of a district judge or judge of a division of the business court 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)

except as provided by Subdivision (3), 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 Court of Appeals for the Fifteenth Court of Appeals District other than the chief justice is entitled to an annual base salary from the state in the amount equal to $5,000 less than 120 percent of the state base salary of a district judge as set by the General Appropriations Act;

(4)

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

(5)

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.

(b)

A judge or justice for whom the amount of a state base salary is prescribed by Subsection (a) is entitled to an annual salary from the state in the amount equal to:

(1)

110 percent of the state base salary paid in accordance with Subsection (a) for the judge’s or justice’s position, beginning with the pay period that begins after the judge or justice accrues four years of:

(A)

contributing service credit in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two;

(B)

service as a judge or a full-time associate judge of a district court, statutory county court, multicounty statutory county court, or statutory probate court or as a district attorney, criminal district attorney, or county attorney; or

(C)

combined contributing service credit and service as provided by Paragraphs (A) and (B); and

(2)

120 percent of the state base salary paid in accordance with Subsection (a) for the judge’s or justice’s position, beginning with the pay period that begins after the judge or justice accrues eight years of:

(A)

contributing service credit in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two;

(B)

service as a judge or a full-time associate judge of a district court, statutory county court, multicounty statutory county court, or statutory probate court or as a district attorney, criminal district attorney, or county attorney; or

(C)

combined contributing service credit and service as provided by Paragraphs (A) and (B).

(b-1)

A limitation on the combined base salary from all state and county sources prescribed by Subsection (a)(1) or (2) applies to a judge or justice to whom Subsection (b) applies, except that the amount by which the annual salary from the state paid to the judge or justice in accordance with Subsection (b) exceeds the amount of the state base salary for the judge’s or justice’s position set by the General Appropriations Act in accordance with Subsection (a) is not included as part of the judge’s or justice’s combined base salary from all state and county sources for purposes of determining whether the judge’s or justice’s salary exceeds the limitation.

(c)

To the extent of any conflict, the salary limitations provided by Subsection (a) for the combined base salary of a state judge or justice from state and local sources prevail over any provision of Chapter 31 (Additional Compensation of Justices of Courts of Appeal) or 32 (Additional Compensation of District Judges) that authorizes the payment of additional compensation to a state judge or justice.

(d)

Notwithstanding any other provision in this section or other law, in a county with more than five district courts, a district judge who serves as a local administrative district judge under Section 74.091 (Local Administrative District Judge) is entitled to an annual base salary from the state in the amount equal to $5,000 more than the maximum salary from the state to which the judge is otherwise entitled under Subsection (a) or (b).

(e)

For the purpose of salary payments by the state, the comptroller shall determine from sworn statements filed by the justices of the courts of appeals, district judges, and business court judges that the required salary limitations provided by Subsection (a) are maintained. If the state base salary for a judge or justice prescribed by Subsection (a) combined with additional compensation from a county would exceed the limitations provided by Subsection (a), the comptroller shall reduce the salary payment made by the state by the amount of the excess.

(f)

For purposes of Subsection (b), “contributing service credit” means service credit established in the:

(1)

Judicial Retirement System of Texas Plan One under Section 833.101 (Current Service) or 833.106 (Credit for Year in Which Eligible for Office) for each month of service in which the member held a judicial office described by Section 832.001 (Eligibility for Membership)(a), including service credit established under either section that was previously canceled but reestablished under Section 833.102 (Service Credit Previously Canceled); or

(2)

Judicial Retirement System of Texas Plan Two under Section 838.101 (Current Service) or 838.106 (Credit for Year in Which Eligible for Office) for each month of service in which the member held a judicial office described by Section 837.001 (Eligibility for Membership)(a), including service credit established under either section that was previously canceled but reestablished under Section 838.102 (Service Credit Previously Canceled).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1993, 73rd Leg., ch. 268, Sec. 21, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1113, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 3 (H.B. 11), Sec. 1, eff. December 1, 2005.
Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 3.12, eff. January 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 17, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 380 (H.B. 19), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 459 (S.B. 1045), Sec. 1.09, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 1.024, eff. September 1, 2023.

Source: Section 659.012 — Judicial Salaries, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­659.­htm#659.­012 (accessed Feb. 24, 2024).

659.001
Equal Work, Equal Pay
659.002
Deductions
659.003
Officer May Decline Remuneration
659.004
Payroll and Personnel Reporting
659.005
Witness Fees
659.006
Adjustment for Inaccurate Payment
659.011
Salaries Set in Appropriations Act
659.012
Judicial Salaries
659.013
Statutory Salaries Suspended
659.014
Suspended Laws Continued in Effect
659.015
Overtime Compensation for Employees Subject to Fair Labor Standards Act
659.016
Overtime Compensation for Employees Not Subject to Fair Labor Standards Act
659.017
Overtime Compensation for Legislative Employees
659.018
Compensatory Time: Place Where Work Performed
659.019
Part-time and Hourly Employment
659.020
Salary Supplementation
659.021
Administrative Head of Agency
659.022
Use of Compensatory Time Before Lapsing
659.023
Compensatory Time Policy
659.024
Compensatory Time for Persons Governing State Agencies
659.025
Use of Compensatory Time by Certain Emergency Services Personnel
659.031
Definition
659.032
Per Diem Entitlement
659.033
Statutory Per Diem Suspended
659.041
Definitions
659.042
Exclusions
659.043
Entitlement
659.044
Amount
659.045
Change in Status
659.046
Accrual of Lifetime Service Credit
659.047
Comptroller Rules
659.061
Expenses of Employees Injured or Killed While on Duty
659.081
Payment Once a Month
659.082
Payment Twice a Month
659.083
Payday
659.084
Electronic Funds Transfer
659.085
Determining Amount of Monthly or Hourly Pay
659.101
Definition
659.102
Deduction for Supplemental Optional Benefits Program
659.103
Deduction to Credit Union
659.104
Authorization
659.105
Form and Manner
659.106
Duration
659.107
Authorization Voluntary
659.108
Withholding of Administrative Fee
659.109
Allocation of Administrative Fees
659.110
Rules
659.121
Definitions
659.122
Inclusion of Benefit Replacement Pay
659.123
Amount of Benefit Replacement Pay
659.124
Amount of Benefit Replacement Pay for Higher Education Employees
659.0125
Salary for District Judge or Retired Judge Presiding over Multidistrict Litigation
659.125
Paying Benefit Replacement Pay in Equal Installments
659.126
Loss of Eligibility to Receive Benefit Replacement Pay
659.127
Administration
659.131
Definitions
659.132
Deduction Authorized
659.133
Voluntary Participation
659.134
Designation of an Eligible Charitable Organization
659.135
Confidentiality
659.136
Revocation or Change of Authorization
659.137
Duration of Deduction
659.138
Time of Campaign
659.139
Fair and Equitable Management of Campaign
659.140
State Employee Charitable Campaign Policy Committee
659.141
State Campaign Manager
659.142
State Employee Charitable Campaign Advisory Committee
659.145
Terms of Committee Members
659.146
Eligibility of Charitable Organizations in General
659.147
Eligibility of Charitable Organizations for Local Participation
659.148
Fees
659.149
Fund-raising Practices
659.150
Limitation on the Use of Contributions
659.151
Misapplication of Contributions
659.153
Legal Representation
659.0155
Payment to Employees of Texas Department of Criminal Justice for Overtime
659.0201
Gifts, Grants, and Donations for Salary Supplement
659.201
Definition
659.202
Payroll Reduction or Deduction Authorized
659.203
Form and Manner
659.204
Change
659.205
Status of Deduction or Salary Reduction
659.251
Applicability
659.252
Definition
659.253
Transfer Within Agency from Exempt to Classified Position
659.254
Classified Position Reallocated or Reclassified to Different Salary Group
659.255
Merit Salary Increases
659.256
Promotions
659.257
Demotions
659.258
Salary Reduction for Disciplinary Reasons
659.259
Salary Limited to Maximum Group Rate
659.260
Temporary Assignment
659.261
Salary Cap
659.262
Additional Compensation for Certain Classified State Employees
659.263
Administration
659.301
Definitions
659.302
Entitlement to Receive Hazardous Duty Pay
659.303
Texas Juvenile Justice Department Employees
659.304
Ineligibility to Receive Hazardous Duty Pay
659.305
Amount of Hazardous Duty Pay
659.306
Responsibility for Paying Hazardous Duty Pay
659.307
Service Credit
659.308
Administration
659.0411
Appointments at State Institutions of Higher Education
659.0445
Longevity Pay for State Judges and Justices
659.1031
Deduction of Membership Fees for Eligible State Employee Organizations
659.1311
Public Junior Colleges
659.1401
Grounds for Removal from State Policy Committee
659.1402
Training for State Policy Committee Members
659.2531
Transfer Within Agency Between Classified Positions Allocated to Same Salary Group
659.2532
Transfer Within Agency Between Classified Positions with Same Position Title When Employee Is Competitively Selected
659.2551
Performance Linked to Agency Goals

Accessed:
Feb. 24, 2024

§ 659.012’s source at texas​.gov