SRC-JBJ H.B. 804 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 804
By: Gallego (Wentworth)
Finance
5/11/1999
Engrossed


DIGEST 

Currently, the role of the county attorney expands beyond the scope
provided by past legislation.  In 1979, the Professional Prosecutors Act
(Act) offered some state prosecutors the opportunity to receive state
funding for salaries to help support prosecutorial endeavors.  Staff
supplements were also made available.  County attorneys were not included
within the Act, although the attorneys have encumbered extensive mandated
duties in juvenile crime, mental health, chemical abuse, family law, and
victim assistance.  Salary supplements may encourage an improved quality of
state representation by filling vacant posts and maintaining qualified
candidates.  H.B. 804 would make county attorneys receive a salary
supplement from the state, in the same manner as district attorneys,
criminal district attorneys, and county attorneys with felony
responsibilities. 

PURPOSE

As proposed, H.B. 804 provides a supplement to salaries of certain
prosecutors. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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" and
"benchmark salary."  Redefines "state prosecutor." 

Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  Provides that this chapter
applies to all county prosecutors and certain state prosecutors, rather
than apply to only certain prosecutors. 

Sec. 46.003.  New heading:  COMPENSATION OF STATE PROSECUTORS.  Makes
conforming changes. 

Sec. 46.0031.  COMPENSATION OF COUNTY PROSECUTORS.  Entitles each county
that has a county prosecutor to receive a state supplemental compensation
payment equal to one-half of the benchmark salary divided by the total
number of counties served by the state prosecutor; unless the state
supplemental compensation results in less than one-sixth of the benchmark
salary, in which case the prosecutor receives one-sixth of the benchmark,
or the county has no prosecutor, in which case no supplements funds are
provided.  Sets forth computation for the supplemental funds for a county
with more than one state prosecutor who serves the county. Requires an
excess or waived funds to be used for expenses of the county prosecutor's
office. Requires the comptroller to pay annually to the salary fund of each
county the fund entitled under this section.   

 Sec. 46.004.  EXPENSES.  Makes conforming changes.

Sec. 46.005.  LIMITATIONS ON LAW PRACTICE.  Provides that this section
applies to a county prosecutor and any assistant prosecutor if they receive
a certain percentage of the  benchmark salary.  Provides that this section
does not apply to a county prosecutor who files with the county auditor an
annual waiver against the benchmark requirement.  Requires the waived
amount to be used for expenses of the county prosecutor's office.  Provides
that this section does not apply to a countY prosecutor who was paid in
excess of the benchmark by a certain date.  Makes conforming changes. 

Sec. 46.006.  PURPOSE; DUTY OF COUNTY.  Provides that it is the purpose of
this chapter to increase the funds available for use in prosecution at both
the felony and misdemeanor levels. Prohibits a commissioners court with a
prosecutor subject to this chapter from reducing the county funds provided
for the salary or office of the prosecutor as a result of funds provided by
this chapter.  Deletes a requirement that the commissioners court provide
certain funds to 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 served by a
prosecuting attorney, listed in Section 46.002. 

SECTION 2.  Amends Section 45.280, Government Code, to require a county
attorney in Oldham County to represent the state in all matters pending
before the district court in Oldham County.  Entitles the county attorney
in Oldham County to compensation provided by general law relating to the
attorney's salary.  Requires the county to pay $28,500 of the total salary
of the attorney, and to pay the remainder of the salary.  Entitles the
attorney to receive from the state the amount provided in the General
Appropriations Act for the payment of staff salaries and office expenses in
single-county districts.  Deletes language entitling Oldham County to
receive certain state funds.   

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.