Amend HB 2837 by adding a section to the bill, to be numbered
appropriately, to read as follows, and by renumbering subsequent
sections of the bill appropriately:
SECTION 5. Chapter 46, Government Code, is amended to read
as follows:
CHAPTER 46. PROFESSIONAL PROSECUTORS
Sec. 46.001. DEFINITIONS <DEFINITION>. In this chapter:
(1) "County prosecutor" means a constitutional county
attorney who does not have general felony jurisdiction and who is
not a state prosecutor.
(2) "Benchmark salary" means the salary that is
provided for a district judge in the General Appropriations Act.
(3) "State prosecutor"<, "prosecutor"> means a
district attorney, criminal district attorney, or county attorney
performing the duties of district attorney who serves in a district
or county listed in Section 46.002.
Sec. 46.002. ]SPROSECUTORS SUBJECT TO CHAPTER . This chapter
applies to all county prosecutors and <only> to the following state
prosecutors:
(1) the district attorneys for the 2nd, 8th, 9th,
12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
districts;
(2) the criminal district attorneys for the counties
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
Waller, Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Callahan, Cameron,
Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
Red River, Robertson, Rusk, Terry, Webb, and Willacy.
Sec. 46.003. COMPENSATION OF STATE PROSECUTORS.
(a) Each state prosecutor is entitled to receive from the
state compensation equal to the compensation that is provided for a
district judge in the General Appropriations Act.
(b) A commissioners court may supplement the state
prosecutor's state salary but may not pay the state prosecutor an
amount less than the compensation it pays its highest paid district
judge.
Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS.
(a) Except as provided by Subsection (b), each county having
a county prosecutor is entitled to receive from the state
supplemental compensation for use by the county prosecutor equal to
the amount that is one-half of the benchmark salary divided by the
total number of counties served by the prosecutor with general
felony responsibility in that jurisdiction, unless that formula
would result in an amount less than one-sixth of the benchmark
salary, in which case the county prosecutor is entitled to receive
one-sixth of the benchmark salary. A county with no county
prosecutor is not entitled to receive the salary supplement funds
provided by this section.
(b) If more than one prosecutor with general felony
responsibility serves a county, that county is entitled to receive
one-sixth of the benchmark salary from the state as supplemental
compensation for use by the county prosecutor.
(c) If receipt of compensation under this section causes the
gross salary of a county prosecutor to exceed the benchmark salary,
or if any amount of the compensation is waived by the prosecutor,
the excess or waived amount shall be used for expenses of the
county prosecutor's office.
Sec. 46.004. ]SEXPENSES .
(a) Each state prosecutor is entitled to receive not less
than $22,500 a year from the state to be used by the prosecutor to
help defray the salaries and expenses of the office. That money
may not be used to supplement the prosecutor's salary.
(b) Each state prosecutor shall submit annually to the
comptroller of public accounts a sworn account showing how this
money was spent during the year.
Sec. 46.005. ]SLIMITATIONS ON LAW PRACTICE .
(a) A state prosecutor may not engage in the private
practice of law but may complete all civil cases that are not in
conflict with the interest of any of the counties of the district
in which the prosecutor serves and that are pending in court before
the prosecutor takes office.
(b) A state prosecutor may not accept a fee from an attorney
to whom the prosecutor has referred a case.
(c) This section applies to a county prosecutor and any <an>
assistant of a prosecutor if, from all state and county funds
received, the county prosecutor or assistant receives a salary that
is <equal to or> more than 80 percent of the benchmark salary <paid
by the state to the prosecutor under this chapter>.
(d) This section does not apply to a county prosecutor who
files with the county auditor an annual written waiver of the
amount of compensation that exceeds 80 percent of the benchmark
salary. An amount waived under this subsection shall be used for
expenses of the county prosecutor's office.
(e) This section does not apply to a county prosecutor who,
before September 1, 1997, was paid in excess of the benchmark
salary by the county in which the prosecutor serves.
Sec. 46.006. ]SPURPOSE; DUTY OF COUNTY .
(a) It is the purpose of this chapter to increase the
effectiveness of law enforcement in this state and to increase the
funds available for use in prosecution at both the felony and
misdemeanor levels.
(b) The commissioners court in each county that has a
prosecutor subject to this chapter may not reduce the county <shall
provide the funds necessary to carry out the purpose of this
chapter and shall continue to provide> funds provided for the
salary or office of the prosecutor as a result <in an amount that
is equal to or greater than the amount> of the funds provided by
this chapter <for the office by the county on August 27, 1979.
This subsection does not apply to local supplementation to the
salary of the prosecutor.>
Sec. 46.007. ]SINELIGIBILITY FOR CERTAIN OTHER STATE FUNDS .
Subchapter C, Chapter 41, does not apply to a county if the county
is served by a state prosecutor who serves in a district or county
<prosecuting attorney> listed in Section 46.002.
SECTION 6. Section 152.032(a) of the Local Government Code
is amended to read as follows:
(a) The amount of the compensation and allowances of a
county auditor may not exceed the amount of the compensation and
allowances received from all county sources by the highest paid
elected county officer, other than a judge of a statutory county
court, whose salary and allowances are set by the commissioners
court.
SECTION 7. Section 5 and Section 6 of this Act take effect
September 1, 1997.