By: Wentworth, Duncan S.B. No. 1099
A BILL TO BE ENTITLED
AN ACT
1-1 relating to salaries and fees for services of certain prosecutors.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 46, Government Code, is amended to read
1-4 as follows:
1-5 CHAPTER 46. PROFESSIONAL PROSECUTORS
1-6 Sec. 46.001. DEFINITIONS [DEFINITION]. In this chapter:
1-7 (1) "County prosecutor" means a constitutional county
1-8 attorney who does not have general felony jurisdiction and who is
1-9 not a state prosecutor.
1-10 (2) "Benchmark salary" means the salary 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, 24th, 26th, 27th, 29th, 34th, 35th,
1-21 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-22 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
1-23 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
2-1 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
2-2 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
2-3 districts;
2-4 (2) the criminal district attorneys for the counties
2-5 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
2-6 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
2-7 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
2-8 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
2-9 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
2-10 Waller, Wichita, Wood, and Yoakum; and
2-11 (3) the county attorneys performing the duties of
2-12 district attorneys in the counties of Andrews, Callahan, Cameron,
2-13 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
2-14 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
2-15 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
2-16 Sec. 46.003. COMPENSATION OF STATE PROSECUTORS. (a) Each
2-17 state prosecutor is entitled to receive from the state compensation
2-18 equal to the compensation that is provided for a district judge in
2-19 the General Appropriations Act.
2-20 (b) A commissioners court may supplement the state
2-21 prosecutor's state salary but may not pay the state prosecutor an
2-22 amount less than the compensation it pays its highest paid district
2-23 judge.
2-24 Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS.
2-25 (a) Except as provided by Subsection (b), each county having a
3-1 county prosecutor is entitled to receive from the state
3-2 supplemental compensation for use by the county prosecutor equal to
3-3 the amount that is one-half of the benchmark salary divided by the
3-4 total number of counties served by the prosecutor with general
3-5 felony responsibility in that jurisdiction, unless that formula
3-6 would result in an amount less than one-sixth of the benchmark
3-7 salary, in which case the county prosecutor is entitled to receive
3-8 one-sixth of the benchmark salary. A county with no county
3-9 prosecutor is not entitled to receive the salary supplement funds
3-10 provided by this section.
3-11 (b) If more than one prosecutor with general felony
3-12 responsibility serves a county, that county is entitled to receive
3-13 one-sixth of the benchmark salary from the state as supplemental
3-14 compensation for use by the county prosecutor.
3-15 (c) If the receipt of compensation under this section causes
3-16 the gross salary of a county prosecutor to exceed the benchmark
3-17 salary, or if any amount of the compensation is waived by the
3-18 prosecutor, the excess or waived amount shall be used for expenses
3-19 of the county prosecutor's office.
3-20 Sec. 46.004. Expenses. (a) Each state prosecutor is
3-21 entitled to receive not less than $22,500 a year from the state to
3-22 be used by the prosecutor to help defray the salaries and expenses
3-23 of the office. That money may not be used to supplement the
3-24 prosecutor's salary.
3-25 (b) Each state prosecutor shall submit annually to the
4-1 comptroller of public accounts a sworn account showing how this
4-2 money was spent during the year.
4-3 Sec. 46.005. Limitations on Law Practice. (a) A state
4-4 prosecutor may not engage in the private practice of law but may
4-5 complete all civil cases that are not in conflict with the interest
4-6 of any of the counties of the district in which the prosecutor
4-7 serves and that are pending in court before the prosecutor takes
4-8 office.
4-9 (b) A state prosecutor may not accept a fee from an attorney
4-10 to whom the prosecutor has referred a case.
4-11 (c) This section applies to a county prosecutor and any [an]
4-12 assistant of a prosecutor if, from all state and county funds
4-13 received, the county prosecutor or assistant receives a salary that
4-14 is [equal to or] more than 80 percent of the benchmark salary [paid
4-15 by the state to the prosecutor under this chapter].
4-16 (d) This section does not apply to a county prosecutor who
4-17 files with the county auditor an annual written waiver of the
4-18 amount of compensation that exceeds 80 percent of the benchmark
4-19 salary. An amount waived under this subsection shall be used for
4-20 expenses of the county prosecutor's office.
4-21 (e) This section does not apply to a county prosecutor who,
4-22 before September 1, 1997, was paid in excess of the benchmark
4-23 salary by the county in which the prosecutor serves.
4-24 Sec. 46.006. Purpose; Duty of County. (a) It is the
4-25 purpose of this chapter to increase the effectiveness of law
5-1 enforcement in this state and to increase the funds available for
5-2 use in prosecution at both the felony and misdemeanor levels.
5-3 (b) The commissioners court in each county that has a
5-4 prosecutor subject to this chapter may not reduce the county [shall
5-5 provide the funds necessary to carry out the purpose of this
5-6 chapter and shall continue to provide] funds provided for the
5-7 salary or office of the prosecutor as a result [in an amount that
5-8 is equal to or greater than the amount] of the funds provided by
5-9 this chapter [for the office by the county on August 27, 1979.
5-10 This subsection does not apply to local supplementation to the
5-11 salary of the prosecutor].
5-12 Sec. 46.007. Ineligibility for Certain Other State Funds.
5-13 Subchapter C, Chapter 41, does not apply to a county if the county
5-14 is served by a state prosecutor who serves in a district or county
5-15 [prosecuting attorney] listed in Section 46.002.
5-16 SECTION 2. Subsection (a), Section 152.032, Local Government
5-17 Code, is amended to read as follows:
5-18 (a) The amount of the compensation and allowances of a
5-19 county auditor may not exceed the amount of the compensation and
5-20 allowances received from all county sources by the highest paid
5-21 elected county officer, other than a judge of a statutory county
5-22 court, whose salary and allowances are set by the commissioners
5-23 court.
5-24 SECTION 3. This Act takes effect September 1, 1997.
5-25 SECTION 4. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended.
6-5 COMMITTEE AMENDMENT NO. 1
6-6 Amend S.B. 1099 on page 5, following line 23, by adding a new
6-7 Section 3 to read as follows and renumbering subsequent sections:
6-8 SECTION 3. Subchapter A, Chapter 26, Government Code, is
6-9 amended by adding Section 26.006 to read as follows:
6-10 Sec. 26.006. SALARY SUPPLEMENT FROM STATE FOR CERTAIN COUNTY
6-11 JUDGES. (a) A county judge is entitled to an annual salary
6-12 supplement from the state of $5,000 if at least 40 percent of the
6-13 functions that the judge performs are judicial functions.
6-14 (b) To receive a supplement under Subsection (a), a county
6-15 judge must file with the Office of Court Administration of the
6-16 Texas Judicial System an affidavit stating that at least 40 percent
6-17 of the functions that the judge performs are judicial functions.
6-18 The office of court administration shall send the affidavit to the
6-19 comptroller.
6-20 Thompson