76R11644 DB-D                           
         By Gallego, Thompson, Cuellar                          H.B. No. 804
         Substitute the following for H.B. No. 804:
         By Thompson                                        C.S.H.B. No. 804
                                A BILL TO BE ENTITLED
 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           Sec. 46.004.  EXPENSES.  (a)  Each state prosecutor is
 4-6     entitled to receive not less than $22,500 a year from the state to
 4-7     be used by the prosecutor to help defray the salaries and expenses
 4-8     of the office.  That money may not be used to supplement the
 4-9     prosecutor's salary.
4-10           (b)  Each state prosecutor shall submit annually to the
4-11     comptroller of public accounts a sworn account showing how this
4-12     money was spent during the year.
4-13           Sec. 46.005.  Limitations on Law Practice.  (a)  A state
4-14     prosecutor may not engage in the private practice of law but may
4-15     complete all civil cases that are not in conflict with the interest
4-16     of any of the counties of the district in which the prosecutor
4-17     serves and that are pending in court before the prosecutor takes
4-18     office.
4-19           (b)  A state prosecutor may not accept a fee from an attorney
4-20     to whom the prosecutor has referred a case.
4-21           (c)  This section applies to a county prosecutor and any [an]
4-22     assistant of a prosecutor if, from all state and county funds
4-23     received, the county prosecutor or assistant receives a salary that
4-24     is equal to or more than 80 percent of the benchmark salary [paid
4-25     by the state to the prosecutor under this chapter].
4-26           (d)  This section does not apply to a county prosecutor who
4-27     files with the county auditor an annual written waiver of the
 5-1     amount of compensation that is equal to or exceeds 80 percent of
 5-2     the benchmark salary.  An amount waived under this subsection shall
 5-3     be used for expenses of the county prosecutor's office.
 5-4           (e)  This section does not apply to a county prosecutor who,
 5-5     before September 1, 1999, was paid in excess of the benchmark
 5-6     salary by the county in which the prosecutor serves.
 5-7           Sec. 46.006.  Purpose; Duty of County.  (a)  It is the
 5-8     purpose of this chapter to increase the effectiveness of law
 5-9     enforcement in this state and to increase the funds available for
5-10     use in prosecution at both the felony and misdemeanor levels.
5-11           (b)  The commissioners court in each county that has a
5-12     prosecutor subject to this chapter may not reduce the county [shall
5-13     provide the funds necessary to carry out the purpose of this
5-14     chapter and shall continue to provide] funds provided for the
5-15     salary or office of the prosecutor as a result [in an amount that
5-16     is equal to or greater than the amount] of the funds provided by
5-17     this chapter [for the office by the county on August 27, 1979.
5-18     This subsection does not apply to local supplementation to the
5-19     salary of the prosecutor].
5-20           Sec. 46.007.  Ineligibility for Certain Other State Funds.
5-21     Subchapter C, Chapter 41, does not apply to a county if the county
5-22     is served by a state prosecutor who serves in a district or county
5-23     [prosecuting attorney] listed in Section 46.002.
5-24           SECTION 2.  Section 152.032(a), Local Government Code, is
5-25     amended to read as follows:
5-26           (a)  The amount of the compensation and allowances of a
5-27     county auditor may not exceed the amount of the compensation and
 6-1     allowances received from all county sources by the highest paid
 6-2     elected county officer, other than a judge of a statutory county
 6-3     court, whose salary and allowances are set by the commissioners
 6-4     court.
 6-5           SECTION 3.  This Act takes effect September 1, 1999.
 6-6           SECTION 4.  The importance of this legislation and the
 6-7     crowded condition of the calendars in both houses create an
 6-8     emergency and an imperative public necessity that the
 6-9     constitutional rule requiring bills to be read on three several
6-10     days in each house be suspended, and this rule is hereby suspended.