HBA-NLM C.S.H.B. 804 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 804
By: Gallego
Judicial Affairs
4/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1979, the Professional Prosecutors Act (Act) afforded three of four
classifications of 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. 

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 law, and victim assistance have all fallen
within the county attorney's purview. Development of misdemeanor
punishments in environmental, health and safety, agricultural, and wildlife
statutes have also increased the need for county attorneys to provide
adequate representation in these areas. 

The purpose of this bill is to encourage and maintain an improved quality
of state representation by filling vacant posts and to encourage qualified
candidates to compete for filled posts. This bill proposes that 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, as provided by the Act. 

C.S.H.B. 804  includes in the definition of state prosecutor a county
attorney performing the duties of district attorney who serves in a
district or county, thereby entitling a county attorney to receive certain
compensation provided by Chapter 46 (Professional Prosecutors), Government
Code.  As proposed, this bill entitles a county prosecutor to receive
supplemental compensation from the state, equal to the amount that is
one-half of the benchmark salary divided by the total number of counties
served by the state prosecutor; and entitles the county prosecutor to
receive one-sixth of the benchmark salary if the state supplemental
compensation results in less than one-sixth of the benchmark salary.  In
addition, this bill requires the comptroller, at least annually, to pay to
the salary fund of each county that is entitled to receive funds under this
section an amount authorized under this section to supplement the salary of
the county prosecutor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate 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:

Sec. 46.001.  DEFINITIONS.  Defines  "county prosecutor," "benchmark
salary," and "state prosecutor."  Includes a county attorney performing the
duties of district attorney who serves in a district or county listed in
Section 46.002 in the definition of state prosecutor. Makes conforming
changes. 

Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  Extends the provisions of
this chapter to include all county prosecutors  and state prosecutors.
Makes a conforming change. 

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

Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS. (a) Entitles each county
that has a  county prosecutor to receive from the state supplemental
compensation to be paid by the county to 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 state prosecutor, except as provided by
Subsection (b). Entitles the county prosecutor to receive one-sixth of the
benchmark salary if the state supplemental compensation results in less
than one-sixth of the benchmark salary, or if more than one state
prosecutor serves a county. Prohibits a county with no county prosecutor
from receiving the salary supplement funds provided by this section.  

(b)  Provides that, for a county with more than one state prosecutor who
serves that county, the supplemental salary compensation for the county
prosecutor is computed by:  

_determining the amount of compensation as provided by Subsection (a) in
relation to each state prosecutor as if that state prosecutor is the only
state prosecutor who serves the county; 

_adding the amounts of compensation determined under this section; and 

_setting the amount of compensation at the lesser of the sum of those
amounts, or one-half of the benchmark rate. 

(c)  Requires any compensation waived by a county prosecutor, or
compensation received under this section causing a county prosecutor's
gross salary to exceed the benchmark salary, to be used for expenses of a
county prosecutor's office. 

(d)  Requires the comptroller, at least annually, to pay to the salary fund
of each county that is entitled to receive funds under this section an
amount authorized under this section to supplement the salary of the county
prosecutor. 

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 of a prosecutor if, from
all state and county funds received, the county prosecutor or assistant
receives a salary that is equal to or more than 80 percent of the benchmark
salary. Exempts a county prosecutor from the provisions of this section if
the county prosecutor files an annual written waiver with the county
auditor of the amount of compensation that is equal to or exceeds 80
percent of the benchmark salary. Requires an amount waived under this
section to be used for expenses of the county prosecutor's office. Exempts
a county prosecutor from the provisions of this section if, before
September 1, 1999, the county prosecutor  was paid in excess of the
benchmark salary by the county in which the prosecutor serves.  Makes
conforming changes.  

Sec. 46.006.  PURPOSE; DUTY OF COUNTY.  Specifies that the purpose of this
chapter is to increase funds available for use in prosecution at both the
felony and misdemeanor levels. 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. Deletes language  that
requires the commissioners court in each county that has a prosecutor
subject to this chapter 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 the
provision 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
Subchapter C, Chapter 41 (Apportionment of State Funds for Prosecution in
Certain Counties) does not apply to a county if the county is served by a
state prosecutor who serves  in a district or county, rather than a
prosecuting attorney,  listed in Section 46.002. 

SECTION 2. Amends Section 152.032(a), Local Government Code, to provide
that the compensation and allowances of a county auditor may not exceed the
amount of the compensation and allowances received from all county sources,
rather than all sources. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 804 modifies the original in SECTION 1 (proposed Section 46.0031,
Government  Code) to replace the methods for the computation for the
supplemental salary compensation for the county prosecutor in a county
served by more than one state prosecutor. The substitutes deletes proposed
language in Subsection (b) relating to a county prosecutor's entitlement to
receive one-sixth of the benchmark salary, if more than one state
prosecutor serves a county. The substitute adds a new Subsection (d) to
require the comptroller, at least annually, to pay to the salary fund of
each county that is entitled to receive funds under this section an amount
authorized under this section to supplement the salary of the county
prosecutor.