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.