1-1 AN ACT
1-2 relating to salaries and fees for services of certain prosecutors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 46, Government Code, is amended to read
1-5 as follows:
1-6 CHAPTER 46. PROFESSIONAL PROSECUTORS
1-7 Sec. 46.001. DEFINITIONS [DEFINITION]. In this chapter:
1-8 (1) "County prosecutor" means a constitutional county
1-9 attorney who does not have general felony jurisdiction and who is
1-10 not a state prosecutor.
1-11 (2) "Benchmark salary" means the salary that is
1-12 provided for a district judge in the General Appropriations Act.
1-13 (3) "State prosecutor"[, "prosecutor"] means a
1-14 district attorney, criminal district attorney, or county attorney
1-15 performing the duties of district attorney who serves in a district
1-16 or county listed in Section 46.002.
1-17 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-18 applies to all county prosecutors and [only] to the following state
1-19 prosecutors:
1-20 (1) the district attorneys for the 2nd, 8th, 9th,
1-21 12th, 18th, 21st, 23rd, 26th, 27th, 29th, 32nd, 34th, 35th, 36th,
1-22 38th, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-23 69th, 70th, 76th, 81st, 84th, 85th, 88th, 90th, 97th, 100th, 105th,
1-24 106th, 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th,
2-1 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th,
2-2 266th, 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, Collin, Comal, Deaf Smith, Denton, Eastland,
2-7 Galveston, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson,
2-8 Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk,
2-9 Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler,
2-10 Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and
2-11 Yoakum; and
2-12 (3) the county attorneys performing the duties of
2-13 district attorneys in the counties of Andrews, Callahan, Cameron,
2-14 Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Grayson,
2-15 Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris,
2-16 Ochiltree, Orange, Red River, Robertson, Rusk, Terry, Webb, and
2-17 Willacy.
2-18 Sec. 46.003. COMPENSATION OF STATE PROSECUTORS. (a) Each
2-19 state prosecutor is entitled to receive from the state compensation
2-20 equal to the compensation that is provided for a district judge in
2-21 the General Appropriations Act.
2-22 (b) A commissioners court may supplement the state
2-23 prosecutor's state salary but may not pay the state prosecutor an
2-24 amount less than the compensation it pays its highest paid district
2-25 judge.
2-26 Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS. (a)
2-27 Except as provided by Subsection (b), each county that has a county
3-1 prosecutor is entitled to receive from the state supplemental
3-2 salary compensation to be paid by the county to the county
3-3 prosecutor in an amount equal to the amount that is one-half of the
3-4 benchmark salary divided by the total number of counties served by
3-5 the state prosecutor, unless that formula would result in an amount
3-6 less than one-sixth of the benchmark salary, in which case the
3-7 county prosecutor is entitled to receive one-sixth of the benchmark
3-8 salary. A county with no county prosecutor is not entitled to
3-9 receive the salary supplement funds provided by this section.
3-10 (b) For a county with more than one state prosecutor who
3-11 serves that county, the supplemental salary compensation for the
3-12 county prosecutor is computed by:
3-13 (1) determining the amount of compensation as provided
3-14 by Subsection (a) in relation to each state prosecutor as if that
3-15 state prosecutor is the only state prosecutor who serves the
3-16 county;
3-17 (2) adding the amounts of compensation determined
3-18 under Subdivision (1); and
3-19 (3) setting the amount of compensation at the lesser
3-20 of:
3-21 (A) the sum of those amounts; or
3-22 (B) one-half of the benchmark rate.
3-23 (c) If the receipt of compensation under this section causes
3-24 the gross salary of a county prosecutor to exceed the benchmark
3-25 salary, or if any amount of the compensation is waived by the
3-26 prosecutor, the excess or waived amount shall be used for expenses
3-27 of the county prosecutor's office.
4-1 (d) At least annually the comptroller shall pay to the
4-2 salary fund of each county that is entitled to receive funds under
4-3 this section an amount authorized under this section to supplement
4-4 the salary of the county prosecutor.
4-5 (e) A county attorney who does not have criminal prosecution
4-6 duties or who has criminal prosecution duties only upon request of
4-7 the district attorney is entitled to receive from the state
4-8 supplemental salary compensation that is equal to one-half the
4-9 amount the county attorney would be eligible for under Subsection
4-10 (a) or (b). The remainder of the supplement shall be used for
4-11 expenses of the county attorney's office. This subsection does not
4-12 apply to a county attorney who is responsible for the prosecution
4-13 of juvenile justice cases under Title 3, Family Code.
4-14 Sec. 46.004. EXPENSES. (a) Each state prosecutor is
4-15 entitled to receive not less than $22,500 a year from the state to
4-16 be used by the prosecutor to help defray the salaries and expenses
4-17 of the office. That money may not be used to supplement the
4-18 prosecutor's salary.
4-19 (b) Each state prosecutor shall submit annually to the
4-20 comptroller of public accounts a sworn account showing how this
4-21 money was spent during the year.
4-22 Sec. 46.005. Limitations on Law Practice. (a) A state
4-23 prosecutor may not engage in the private practice of law but may
4-24 complete all civil cases that are not in conflict with the interest
4-25 of any of the counties of the district in which the prosecutor
4-26 serves and that are pending in court before the prosecutor takes
4-27 office.
5-1 (b) A state prosecutor may not accept a fee from an attorney
5-2 to whom the prosecutor has referred a case.
5-3 (c) This section applies to a county prosecutor and any [an]
5-4 assistant of a prosecutor if, from all state and county funds
5-5 received, the county prosecutor or assistant receives a salary that
5-6 is equal to or more than 80 percent of the benchmark salary [paid
5-7 by the state to the prosecutor under this chapter].
5-8 (d) This section does not apply to a county prosecutor who
5-9 files with the county auditor an annual written waiver of the
5-10 amount of compensation that is equal to or exceeds 80 percent of
5-11 the benchmark salary. An amount waived under this subsection shall
5-12 be used for expenses of the county prosecutor's office.
5-13 (e) This section does not apply to a county prosecutor who,
5-14 before September 1, 1999, was paid in excess of the benchmark
5-15 salary by the county in which the prosecutor serves.
5-16 Sec. 46.006. Purpose; Duty of County. (a) It is the
5-17 purpose of this chapter to increase the effectiveness of law
5-18 enforcement in this state and to increase the funds available for
5-19 use in prosecution at both the felony and misdemeanor levels.
5-20 (b) The commissioners court in each county that has a
5-21 prosecutor subject to this chapter may not reduce the county [shall
5-22 provide the funds necessary to carry out the purpose of this
5-23 chapter and shall continue to provide] funds provided for the
5-24 salary or office of the prosecutor as a result [in an amount that
5-25 is equal to or greater than the amount] of the funds provided by
5-26 this chapter [for the office by the county on August 27, 1979.
5-27 This subsection does not apply to local supplementation to the
6-1 salary of the prosecutor].
6-2 Sec. 46.007. Ineligibility for Certain Other State Funds.
6-3 Subchapter C, Chapter 41, does not apply to a county if the county
6-4 is served by a state prosecutor who serves in a district or county
6-5 [prosecuting attorney] listed in Section 46.002.
6-6 SECTION 2. Section 45.280, Government Code, is amended to
6-7 read as follows:
6-8 Sec. 45.280. OLDHAM COUNTY. (a) The county attorney in
6-9 Oldham County shall represent the state in all matters pending
6-10 before the district court in Oldham County.
6-11 (b) The county attorney in Oldham County is entitled to be
6-12 compensated by the state in the manner and amount provided by
6-13 general law relating to the salary paid to district attorneys by
6-14 the state. Oldham County shall pay $28,500 of the county
6-15 attorney's total salary, and the state shall pay the remainder of
6-16 the salary.
6-17 (c) The county attorney in Oldham County is entitled to
6-18 receive from the state the amount provided in the General
6-19 Appropriations Act for the payment of staff salaries and office
6-20 expenses in single-county districts.
6-21 (d) If there is no county attorney in Oldham County, the
6-22 criminal district attorney of Deaf Smith County shall represent the
6-23 state in all matters pending before the district court in Oldham
6-24 County on appointment by the judge of the district court in Oldham
6-25 County.
6-26 [(b) Oldham County is entitled to receive an amount from the
6-27 state equal to 30 percent of the salary paid to a district attorney
7-1 by the state.]
7-2 SECTION 3. This Act takes effect September 1, 1999.
7-3 SECTION 4. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 804 was passed by the House on May 8,
1999, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 804 on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 804 was passed by the Senate, with
amendments, on May 21, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor