By Seidlits H.B. No. 1678
74R6066 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to salaries and fees for services of certain prosecutors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 46, Government Code, is amended to read
1-5 as follows:
1-6 CHAPTER 46. PROFESSIONAL PROSECUTORS
1-7 Sec. 46.001. DEFINITIONS <DEFINITION>. In this chapter:
1-8 (1) "County prosecutor" means a county attorney who is
1-9 not a state prosecutor.
1-10 (2) "Benchmark salary" means the compensation that is
1-11 provided for a district judge in the General Appropriations Act.
1-12 (3) "State prosecutor"<, "prosecutor"> means a
1-13 district attorney, criminal district attorney, or county attorney
1-14 performing the duties of district attorney who serves in a district
1-15 or county listed in Section 46.002.
1-16 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-17 applies to all county prosecutors and <only> to the following state
1-18 prosecutors:
1-19 (1) the district attorneys for the 2nd, 8th, 9th,
1-20 12th, 18th, 21st, 22nd, 23rd, 26th, 27th, 29th, 34th, 35th, 36th,
1-21 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th, 69th,
1-22 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th, 110th,
1-23 118th, 119th, 123rd, 142nd, 145th, 159th, 173rd, 196th, 198th,
1-24 216th, 220th, 229th, 235th, 253rd, 266th, 268th, 271st, 286th,
2-1 349th, and 355th judicial districts;
2-2 (2) the criminal district attorneys for the counties
2-3 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
2-4 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
2-5 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
2-6 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
2-7 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
2-8 Waller, Wichita, Wood, and Yoakum; and
2-9 (3) the county attorneys performing the duties of
2-10 district attorneys in the counties of Andrews, Callahan, Cameron,
2-11 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
2-12 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
2-13 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
2-14 Sec. 46.003. COMPENSATION OF STATE PROSECUTORS. (a) Each
2-15 state prosecutor is entitled to receive from the state compensation
2-16 equal to the benchmark salary <compensation that is provided for a
2-17 district judge in the General Appropriations Act>.
2-18 (b) A commissioners court may supplement the state
2-19 prosecutor's state salary but may not pay the state prosecutor an
2-20 amount less than the compensation it pays its highest paid district
2-21 judge.
2-22 Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS. (a)
2-23 Except as provided by Subsection (b), each county prosecutor is
2-24 entitled to receive from the state compensation equal to the amount
2-25 that is one-half of the benchmark salary divided by the total
2-26 number of county prosecutors representing the state in the counties
2-27 served by the state prosecutor.
3-1 (b) If more than one state prosecutor serves a county, a
3-2 county prosecutor that serves that county is entitled to receive
3-3 the appropriate share under Subsection (a) from as many districts
3-4 as affect the county from which the county prosecutor is elected,
3-5 but not more than one-half of the benchmark salary.
3-6 (c) Any amount of compensation that a county attorney is
3-7 entitled to receive under this section that exceeds the benchmark
3-8 salary may be used for expenses under Section 46.004.
3-9 Sec. 46.004. Expenses. (a) Each state prosecutor is
3-10 entitled to receive not less than $22,500 a year from the state,
3-11 and each county prosecutor is entitled to receive not less than
3-12 $11,500 a year from the state. Funds received under this section
3-13 are to be used by the prosecutor to help defray the salaries and
3-14 expenses of the office and<. That money> may not be used to
3-15 supplement the prosecutor's salary.
3-16 (b) Each prosecutor shall submit annually to the comptroller
3-17 of public accounts a sworn account showing how this money was spent
3-18 during the year.
3-19 Sec. 46.005. Limitations on Law Practice. (a) A state
3-20 prosecutor may not engage in the private practice of law but may
3-21 complete all civil cases that are not in conflict with the interest
3-22 of any of the counties of the district in which the prosecutor
3-23 serves and that are pending in court before the prosecutor takes
3-24 office.
3-25 (b) A state prosecutor may not accept a fee from an attorney
3-26 to whom the prosecutor has referred a case.
3-27 (c) This section applies to a county prosecutor and any <an>
4-1 assistant of a prosecutor if, from all funds received, the county
4-2 prosecutor or assistant receives a salary that is equal to or more
4-3 than 80 percent of the benchmark salary <paid by the state to the
4-4 prosecutor under this chapter>.
4-5 (d) This section does not apply to a county prosecutor who
4-6 files with the county auditor an annual written waiver of the
4-7 amount of compensation that exceeds 80 percent of the benchmark
4-8 salary. An amount waived under this subsection may be used for
4-9 expenses under Section 46.004.
4-10 Sec. 46.006. Purpose; Duty of County. (a) It is the
4-11 purpose of this chapter to increase the effectiveness of law
4-12 enforcement in this state and to increase the funds available for
4-13 use in prosecution at both the felony and misdemeanor levels.
4-14 (b) The commissioners court in each county that has a
4-15 prosecutor subject to this chapter shall provide the funds
4-16 necessary to carry out the purpose of this chapter and shall
4-17 continue to provide funds for the office of the prosecutor in an
4-18 amount that is equal to or greater than the amount of funds
4-19 provided for the office by the county on August 31, 1994 <August
4-20 27, 1979>. This subsection does not apply to local supplementation
4-21 to the salary of the prosecutor.
4-22 Sec. 46.007. Ineligibility for Certain Other State Funds.
4-23 Subchapter C, Chapter 41, does not apply to a county if the county
4-24 is served by a state prosecutor who serves in a district or county
4-25 <prosecuting attorney> listed in Section 46.002.
4-26 SECTION 2. Subsections (a) and (b), Article 102.008, Code of
4-27 Criminal Procedure, are amended to read as follows:
5-1 (a) Except as provided by Subsection (b), a defendant
5-2 convicted of a misdemeanor <or a gambling offense> shall pay a fee
5-3 of $30 and a defendant convicted of a felony shall pay a fee of $50
5-4 <$25> for the prosecution <trying> of the case by the district or
5-5 county attorney. If the court appoints an attorney to represent
5-6 the state in the absence of the district or county attorney, the
5-7 appointed attorney is entitled to the fee otherwise due.
5-8 (b) No fee for the prosecution <trying> of a case may be
5-9 charged against a defendant prosecuted in a justice court for
5-10 violation of a penal statute or of the Uniform Act Regulating
5-11 Traffic on Highways (6701d, Vernon's Texas Civil Statutes).
5-12 SECTION 3. This Act takes effect September 1, 1995.
5-13 SECTION 4. Article 102.008, Code of Criminal Procedure, as
5-14 amended by this Act, applies only to fees on convictions occurring
5-15 on or after the effective date of this Act. Fees on convictions
5-16 occurring before the effective date of this Act are covered by
5-17 Article 102.008, Code of Criminal Procedure, as it existed at the
5-18 time of conviction, and that law is continued in effect for that
5-19 purpose.
5-20 SECTION 5. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended.