PMWJ S.B. 1099 75(R)BILL ANALYSIS JUDICIAL AFFAIRS S.B. 1099 By: Wentworth/Duncan (Gallego) 5-21-97 Committee Report (Amended) BACKGROUND The Professional Prosecutors Act, passed in 1979, provides three of the four classifications of state prosecutors the opportunity to receive increased state funding in exchange for prohibiting such prosecutors from the private practice of law and the acceptance of referral fees. The three classes that are eligible by the Act are district attorneys, criminal district attorneys, and county attorneys with felony responsibility. County attorneys, whose responsibilities at the time of the passage of the Act were more local in scope, were not given access to the Act. In recent years the role of the county attorney has expanded considerably. Mandated duties in the areas of juvenile criminal law enforcement, mental health, chemical abuse, family violence, and victim assistance in "entry-level" crimes have all fallen within the county attorney's purview. During this period better, DWI enforcement has increased caseloads; gang activity has been on the rise; and, the entire gambling chapter of the Penal Code has been relegated to misdemeanor status. The development of misdemeanor punishments in environmental, health and safety, agricultural, and wildlife statutes have also increased the pressure upon county attorneys to provide adequate representation in these areas. PURPOSE S.B. 1099 provides that each county prosecutor is entitled to receive a salary supplement from the state. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 amends Chapter 46, Government Code, as follows: CHAPTER 46. PROFESSIONAL PROSECUTORS Sec. 46.001. New heading: DEFINITIONS. Defines "county prosecutor" (county attorneys who are not state prosecutors and who have no felony jurisdiction), "benchmark salary" (district judge's salary), and "state prosecutor" (those specifically listed in Sec. 46.002). Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. Provides that this chapter applies to all county prosecutors and to certain state prosecutors. Sec. 46.003. New heading: COMPENSATION OF STATE PROSECUTORS. Provides that each state prosecutor, rather than each 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. Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS. Subsec. (a) provides that, 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. Subsec. (b) provides that a county is entitled to receive one-sixth of the benchmark salary as supplemental compensation for use by the county prosecutor if more than one prosecutor with felony responsibility serves a county. Subsec. (c) provides that if the 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 county prosecutor, the excess or waived amount shall be used for expenses of the county prosecutor's office. Sec. 46.004. EXPENSES. Makes conforming changes. Sec. 46.005. LIMITATIONS ON LAW PRACTICE. Subsec. (a) is amended to provide that "state prosecutors," instead of prosecutors are prohibited from the private practice of law. Subsec. (b) is amended to prohibit "state prosecutors," instead of prosecutors, from accepting a referral fee. Subsec. (c) is amended to provide that this section applies to county prosecutors and assistant prosecutors of all kinds only if such prosecutor's salary exceeds 80% of a district judge's salary. New Subsec. (d) provides an exception to the prohibition on private law practice and the acceptance of referral fees if the county prosecutor waives that amount of compensation that exceeds 80% of a district judge's salary. Any waived compensation is to be used for the county attorney's expenses. New Subsec. (e) provides another exception to the prohibition on private law practice and the acceptance of referral fees if the county prosecutor is currently paid more than a district judge. Sec. 46.006. PURPOSE; DUTY OF COUNTY. Sets forth the purpose of this chapter. Prohibits the commissioners court in each county that has a prosecutor subject to this chapter from reducing the county funds provided for the salary or office of the prosecutor as a result of the funds provided by this chapter, rather than requiring the commissioners court to provide the funds necessary to carry out the purpose of this chapter and to continue to provide funds for the office of the prosecutor in an amount that is equal to or greater than the amount of funds provided for the office by the county on August 27, 1979. Deletes text that provides that this subsection does not apply to local supplementation to the salary of the prosecutor. Sec. 46.007. INELIGIBILITY FOR CERTAIN OTHER STATE FUNDS. Provides that Chapter 41C does not apply to a county if the county is served by a state prosecutor who serves in a district or county, rather than prosecuting attorney, listed in Section 46.002.. SECTION 2 amends Section 152.032(a), Local Government Code, to prohibit the amount of the compensation and allowances of a county auditor from exceeding the amount of the compensation and allowances received from all county sources, rather than all 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 3. Effective date. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment No. 1 adds a new Sec. 26.006 to the Government Code to provide that a constitutional county judge is entitled to a $5000 salary supplement from the state if at least 40% of the county judge's duties are judicial functions and provides that, for the county judge to receive the supplement, the county judge must file an affidavit with the Office of Court Administration and that office must forward the affidavit to the comptroller.