1-1 By: Wentworth, Duncan S.B. No. 1099
1-2 (In the Senate - Filed March 10, 1997; March 13, 1997, read
1-3 first time and referred to Committee on Finance; April 22, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 11, Nays 0; April 22, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1099 By: Wentworth
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to salaries and fees for services of certain prosecutors.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 46, Government Code, is amended to read
1-12 as follows:
1-13 CHAPTER 46. PROFESSIONAL PROSECUTORS
1-14 Sec. 46.001. DEFINITIONS [DEFINITION]. In this chapter:
1-15 (1) "County prosecutor" means a constitutional county
1-16 attorney who does not have general felony jurisdiction and who is
1-17 not a state prosecutor.
1-18 (2) "Benchmark salary" means the salary that is
1-19 provided for a district judge in the General Appropriations Act.
1-20 (3) "State prosecutor"[, "prosecutor"] means a
1-21 district attorney, criminal district attorney, or county attorney
1-22 performing the duties of district attorney who serves in a district
1-23 or county listed in Section 46.002.
1-24 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-25 applies to all county prosecutors and [only] to the following state
1-26 prosecutors:
1-27 (1) the district attorneys for the 2nd, 8th, 9th,
1-28 12th, 18th, 21st, 22nd, 23rd, 24th, 26th, 27th, 29th, 34th, 35th,
1-29 36th, 38th, 43rd, 47th, 49th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-30 69th, 70th, 76th, 81st, 84th, 85th, 90th, 97th, 105th, 106th,
1-31 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th, 173rd,
1-32 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th, 266th,
1-33 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
1-34 districts;
1-35 (2) the criminal district attorneys for the counties
1-36 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1-37 Calhoun, Cass, Deaf Smith, Denton, Eastland, Galveston, Gregg,
1-38 Harrison, Hays, Hidalgo, Jasper, Jefferson, Kaufman, Lubbock,
1-39 McLennan, Navarro, Panola, Polk, Randall, Rockwall, San Jacinto,
1-40 Smith, Tarrant, Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker,
1-41 Waller, Wichita, Wood, and Yoakum; and
1-42 (3) the county attorneys performing the duties of
1-43 district attorneys in the counties of Andrews, Callahan, Cameron,
1-44 Castro, Ellis, Falls, Fannin, Freestone, Grayson, Lamar, Lamb,
1-45 Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange,
1-46 Red River, Robertson, Rusk, Terry, Webb, and Willacy.
1-47 Sec. 46.003. COMPENSATION OF STATE PROSECUTORS. (a) Each
1-48 state prosecutor is entitled to receive from the state compensation
1-49 equal to the compensation that is provided for a district judge in
1-50 the General Appropriations Act.
1-51 (b) A commissioners court may supplement the state
1-52 prosecutor's state salary but may not pay the state prosecutor an
1-53 amount less than the compensation it pays its highest paid district
1-54 judge.
1-55 Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS.
1-56 (a) Except as provided by Subsection (b), each county having a
1-57 county prosecutor is entitled to receive from the state
1-58 supplemental compensation for use by the county prosecutor equal to
1-59 the amount that is one-half of the benchmark salary divided by the
1-60 total number of counties served by the prosecutor with general
1-61 felony responsibility in that jurisdiction, unless that formula
1-62 would result in an amount less than one-sixth of the benchmark
1-63 salary, in which case the county prosecutor is entitled to receive
1-64 one-sixth of the benchmark salary. A county with no county
2-1 prosecutor is not entitled to receive the salary supplement funds
2-2 provided by this section.
2-3 (b) If more than one prosecutor with general felony
2-4 responsibility serves a county, that county is entitled to receive
2-5 one-sixth of the benchmark salary from the state as supplemental
2-6 compensation for use by the county prosecutor.
2-7 (c) If the receipt of compensation under this section causes
2-8 the gross salary of a county prosecutor to exceed the benchmark
2-9 salary, or if any amount of the compensation is waived by the
2-10 prosecutor, the excess or waived amount shall be used for expenses
2-11 of the county prosecutor's office.
2-12 Sec. 46.004. Expenses. (a) Each state prosecutor is
2-13 entitled to receive not less than $22,500 a year from the state to
2-14 be used by the prosecutor to help defray the salaries and expenses
2-15 of the office. That money may not be used to supplement the
2-16 prosecutor's salary.
2-17 (b) Each state prosecutor shall submit annually to the
2-18 comptroller of public accounts a sworn account showing how this
2-19 money was spent during the year.
2-20 Sec. 46.005. Limitations on Law Practice. (a) A state
2-21 prosecutor may not engage in the private practice of law but may
2-22 complete all civil cases that are not in conflict with the interest
2-23 of any of the counties of the district in which the prosecutor
2-24 serves and that are pending in court before the prosecutor takes
2-25 office.
2-26 (b) A state prosecutor may not accept a fee from an attorney
2-27 to whom the prosecutor has referred a case.
2-28 (c) This section applies to a county prosecutor and any [an]
2-29 assistant of a prosecutor if, from all state and county funds
2-30 received, the county prosecutor or assistant receives a salary that
2-31 is [equal to or] more than 80 percent of the benchmark salary [paid
2-32 by the state to the prosecutor under this chapter].
2-33 (d) This section does not apply to a county prosecutor who
2-34 files with the county auditor an annual written waiver of the
2-35 amount of compensation that exceeds 80 percent of the benchmark
2-36 salary. An amount waived under this subsection shall be used for
2-37 expenses of the county prosecutor's office.
2-38 (e) This section does not apply to a county prosecutor who,
2-39 before September 1, 1997, was paid in excess of the benchmark
2-40 salary by the county in which the prosecutor serves.
2-41 Sec. 46.006. Purpose; Duty of County. (a) It is the
2-42 purpose of this chapter to increase the effectiveness of law
2-43 enforcement in this state and to increase the funds available for
2-44 use in prosecution at both the felony and misdemeanor levels.
2-45 (b) The commissioners court in each county that has a
2-46 prosecutor subject to this chapter may not reduce the county [shall
2-47 provide the funds necessary to carry out the purpose of this
2-48 chapter and shall continue to provide] funds provided for the
2-49 salary or office of the prosecutor as a result [in an amount that
2-50 is equal to or greater than the amount] of the funds provided by
2-51 this chapter [for the office by the county on August 27, 1979.
2-52 This subsection does not apply to local supplementation to the
2-53 salary of the prosecutor].
2-54 Sec. 46.007. Ineligibility for Certain Other State Funds.
2-55 Subchapter C, Chapter 41, does not apply to a county if the county
2-56 is served by a state prosecutor who serves in a district or county
2-57 [prosecuting attorney] listed in Section 46.002.
2-58 SECTION 2. Subsection (a), Section 152.032, Local Government
2-59 Code, is amended to read as follows:
2-60 (a) The amount of the compensation and allowances of a
2-61 county auditor may not exceed the amount of the compensation and
2-62 allowances received from all county sources by the highest paid
2-63 elected county officer, other than a judge of a statutory county
2-64 court, whose salary and allowances are set by the commissioners
2-65 court.
2-66 SECTION 3. This Act takes effect September 1, 1997.
2-67 SECTION 4. The importance of this legislation and the
2-68 crowded condition of the calendars in both houses create an
2-69 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
3-3 * * * * *