1-1     By:  Gallego, Thompson, Cuellar                        H.B. No. 804
 1-2          (Senate Sponsor - Wentworth)
 1-3           (In the Senate - Received from the House May 10, 1999;
 1-4     May 10, 1999, read first time and referred to Committee on Finance;
 1-5     May 13, 1999, reported favorably by the following vote:  Yeas 9,
 1-6     Nays 0; May 13, 1999, sent to printer.)
 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, 23rd, 26th, 27th, 29th, 32nd, 34th, 35th, 36th,
1-29     38th, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-30     69th, 70th, 76th, 81st, 84th, 85th, 88th, 90th, 97th, 100th, 105th,
1-31     106th, 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th,
1-32     173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th,
1-33     266th, 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, Collin, Comal, Deaf Smith, Denton, Eastland,
1-38     Galveston, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson,
1-39     Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk,
1-40     Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler,
1-41     Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and
1-42     Yoakum; and
1-43                 (3)  the county attorneys performing the duties of
1-44     district attorneys in the counties of Andrews, Callahan, Cameron,
1-45     Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Grayson,
1-46     Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris,
1-47     Ochiltree, Orange, Red River, Robertson, Rusk, Terry, Webb, and
1-48     Willacy.
1-49           Sec. 46.003.  COMPENSATION OF STATE PROSECUTORS.  (a)  Each
1-50     state prosecutor is entitled to receive from the state compensation
1-51     equal to the compensation that is provided for a district judge in
1-52     the General Appropriations Act.
1-53           (b)  A commissioners court may supplement the state
1-54     prosecutor's state salary but may not pay the state prosecutor an
1-55     amount less than the compensation it pays its highest paid district
1-56     judge.
1-57           Sec. 46.0031.  COMPENSATION OF COUNTY PROSECUTORS.  (a)
1-58     Except as provided by Subsection (b), each county that has a county
1-59     prosecutor is entitled to receive from the state supplemental
1-60     salary compensation to be paid by the county to the county
1-61     prosecutor in an amount equal to the amount that is one-half of the
1-62     benchmark salary divided by the total number of counties served by
1-63     the state prosecutor, unless that formula would result in an amount
1-64     less than one-sixth of the benchmark salary, in which case the
 2-1     county prosecutor is entitled to receive one-sixth of the benchmark
 2-2     salary.  A county with no county prosecutor is not entitled to
 2-3     receive the salary supplement funds provided by this section.
 2-4           (b)  For a county with more than one state prosecutor who
 2-5     serves that county, the supplemental salary compensation for the
 2-6     county prosecutor is computed by:
 2-7                 (1)  determining the amount of compensation as provided
 2-8     by Subsection (a) in relation to each state prosecutor as if that
 2-9     state prosecutor is the only state prosecutor who serves the
2-10     county;
2-11                 (2)  adding the amounts of compensation determined
2-12     under Subdivision (1); and
2-13                 (3)  setting the amount of compensation at the lesser
2-14     of:
2-15                       (A)  the sum of those amounts; or
2-16                       (B)  one-half of the benchmark rate.
2-17           (c)  If the receipt of compensation under this section causes
2-18     the gross salary of a county prosecutor to exceed the benchmark
2-19     salary, or if any amount of the compensation is waived by the
2-20     prosecutor, the excess or waived amount shall be used for expenses
2-21     of the county prosecutor's office.
2-22           (d)  At least annually the comptroller shall pay to the
2-23     salary fund of each county that is entitled to receive funds under
2-24     this section an amount authorized under this section to supplement
2-25     the salary of the county prosecutor.
2-26           (e)  A county attorney who does not have criminal prosecution
2-27     duties or who has criminal prosecution duties only upon request of
2-28     the district attorney is entitled to receive from the state
2-29     supplemental salary compensation that is equal to one-half the
2-30     amount the county attorney would be eligible for under Subsection
2-31     (a) or (b).  The remainder of the supplement shall be used for
2-32     expenses of the county attorney's office.
2-33           Sec. 46.004.  EXPENSES.  (a)  Each state prosecutor is
2-34     entitled to receive not less than $22,500 a year from the state to
2-35     be used by the prosecutor to help defray the salaries and expenses
2-36     of the office.  That money may not be used to supplement the
2-37     prosecutor's salary.
2-38           (b)  Each state prosecutor shall submit annually to the
2-39     comptroller of public accounts a sworn account showing how this
2-40     money was spent during the year.
2-41           Sec. 46.005.  Limitations on Law Practice.  (a)  A state
2-42     prosecutor may not engage in the private practice of law but may
2-43     complete all civil cases that are not in conflict with the interest
2-44     of any of the counties of the district in which the prosecutor
2-45     serves and that are pending in court before the prosecutor takes
2-46     office.
2-47           (b)  A state prosecutor may not accept a fee from an attorney
2-48     to whom the prosecutor has referred a case.
2-49           (c)  This section applies to a county prosecutor and any [an]
2-50     assistant of a prosecutor if, from all state and county funds
2-51     received, the county prosecutor or assistant receives a salary that
2-52     is equal to or more than 80 percent of the benchmark salary [paid
2-53     by the state to the prosecutor under this chapter].
2-54           (d)  This section does not apply to a county prosecutor who
2-55     files with the county auditor an annual written waiver of the
2-56     amount of compensation that is equal to or exceeds 80 percent of
2-57     the benchmark salary.  An amount waived under this subsection shall
2-58     be used for expenses of the county prosecutor's office.
2-59           (e)  This section does not apply to a county prosecutor who,
2-60     before September 1, 1999, was paid in excess of the benchmark
2-61     salary by the county in which the prosecutor serves.
2-62           Sec. 46.006.  Purpose; Duty of County.  (a)  It is the
2-63     purpose of this chapter to increase the effectiveness of law
2-64     enforcement in this state and to increase the funds available for
2-65     use in prosecution at both the felony and misdemeanor levels.
2-66           (b)  The commissioners court in each county that has a
2-67     prosecutor subject to this chapter may not reduce the county [shall
2-68     provide the funds necessary to carry out the purpose of this
2-69     chapter and shall continue to provide] funds provided for the
 3-1     salary or office of the prosecutor as a result [in an amount that
 3-2     is equal to or greater than the amount] of the funds provided by
 3-3     this chapter [for the office by the county on August 27, 1979.
 3-4     This subsection does not apply to local supplementation to the
 3-5     salary of the prosecutor].
 3-6           Sec. 46.007.  Ineligibility for Certain Other State Funds.
 3-7     Subchapter C, Chapter 41, does not apply to a county if the county
 3-8     is served by a state prosecutor who serves in a district or county
 3-9     [prosecuting attorney] listed in Section 46.002.
3-10           SECTION 2.  Section 45.280, Government Code, is amended to
3-11     read as follows:
3-12           Sec. 45.280.  OLDHAM COUNTY.  (a)  The county attorney in
3-13     Oldham County shall represent the state in all matters pending
3-14     before the district court in Oldham County.
3-15           (b)  The county attorney in Oldham County is entitled to be
3-16     compensated by the state in the manner and amount provided by
3-17     general law relating to the salary paid to district attorneys by
3-18     the state.  Oldham County shall pay $28,500 of the county
3-19     attorney's total salary, and the state shall pay the remainder of
3-20     the salary.
3-21           (c)  The county attorney in Oldham County is entitled to
3-22     receive from the state the amount provided in the General
3-23     Appropriations Act for the  payment of staff salaries and office
3-24     expenses in single-county districts.
3-25           (d)  If there is no county attorney in Oldham County, the
3-26     criminal district attorney of Deaf Smith County shall represent the
3-27     state in all  matters pending before the district court in Oldham
3-28     County on appointment by the judge of the district court in Oldham
3-29     County.
3-30           [(b)  Oldham County is entitled to receive an amount from the
3-31     state equal to 30 percent of the salary paid to a district attorney
3-32     by the state.]
3-33           SECTION 3.  This Act takes effect September 1, 1999.
3-34           SECTION 4.  The importance of this legislation and the
3-35     crowded condition of the calendars in both houses create an
3-36     emergency and an imperative public necessity that the
3-37     constitutional rule requiring bills to be read on three several
3-38     days in each house be suspended, and this rule is hereby suspended.
3-39                                  * * * * *