By:  Wentworth                                         S.B. No. 647
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to salaries and fees for services of certain prosecutors.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Chapter 46, Government Code, is amended to read
 1-4     as follows:
 1-5                    CHAPTER 46. PROFESSIONAL PROSECUTORS
 1-6           Sec. 46.001.  DEFINITIONS [DEFINITION].  In this chapter:
 1-7                 (1)  "County prosecutor" means a constitutional county
 1-8     attorney who does not have general felony jurisdiction and who is
 1-9     not a state prosecutor.
1-10                 (2)  "Benchmark salary" means the salary that is
1-11     provided for a district judge in the General Appropriations Act.
1-12                 (3)  "State prosecutor"[, "prosecutor"] means a
1-13     district attorney, criminal district attorney, or county attorney
1-14     performing the duties of district attorney who serves in a district
1-15     or county listed in Section 46.002.
1-16           Sec. 46.002.  PROSECUTORS SUBJECT TO CHAPTER.  This chapter
1-17     applies to all county prosecutors and [only] to the following state
1-18     prosecutors:
1-19                 (1)  the district attorneys for the 2nd, 8th, 9th,
1-20     12th, 18th, 21st, 23rd, 26th, 27th, 29th, 32nd, 34th, 35th, 36th,
1-21     38th, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-22     69th, 70th, 76th, 81st, 84th, 85th, 88th, 90th, 97th, 100th, 105th,
 2-1     106th, 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th,
 2-2     173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th,
 2-3     266th, 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
 2-4     districts;
 2-5                 (2)  the criminal district attorneys for the counties
 2-6     of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
 2-7     Calhoun, Cass, Collin, Comal, Deaf Smith, Denton, Eastland,
 2-8     Galveston, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson,
 2-9     Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk,
2-10     Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler,
2-11     Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and
2-12     Yoakum; and
2-13                 (3)  the county attorneys performing the duties of
2-14     district attorneys in the counties of Andrews, Callahan, Cameron,
2-15     Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Grayson,
2-16     Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris,
2-17     Ochiltree, Orange, Red River, Robertson, Rusk, Terry, Webb, and
2-18     Willacy.
2-19           Sec. 46.003.  COMPENSATION OF STATE PROSECUTORS.  (a)  Each
2-20     state prosecutor is entitled to receive from the state compensation
2-21     equal to the compensation that is provided for a district judge in
2-22     the General Appropriations Act.
2-23           (b)  A commissioners court may supplement the state
2-24     prosecutor's state salary but may not pay the state prosecutor an
2-25     amount less than the compensation it pays its highest paid district
2-26     judge.
 3-1           Sec. 46.0031.  COMPENSATION OF COUNTY PROSECUTORS.
 3-2     (a)  Except as provided by Subsection (b), each county prosecutor
 3-3     is entitled to receive from the state supplemental compensation
 3-4     equal to the amount that is one-half of the benchmark salary
 3-5     divided by the total number of counties served by the state
 3-6     prosecutor, unless that formula would result in an amount less than
 3-7     one-sixth of the benchmark salary, in which case the county
 3-8     prosecutor is entitled to receive one-sixth of the benchmark
 3-9     salary.  A county with no county prosecutor is not entitled to
3-10     receive the salary supplement funds provided by this section.
3-11           (b)  If more than one state prosecutor serves a county, a
3-12     county prosecutor that serves that county is entitled to receive
3-13     one-sixth of the benchmark salary.
3-14           (c)  If the receipt of compensation under this section causes
3-15     the gross salary of a county prosecutor to exceed the benchmark
3-16     salary, or if any amount of the compensation is waived by the
3-17     prosecutor, the excess or waived amount shall be used for expenses
3-18     of the county prosecutor's office.
3-19           Sec. 46.004.  EXPENSES.  (a)  Each state prosecutor is
3-20     entitled to receive not less than $22,500 a year from the state to
3-21     be used by the prosecutor to help defray the salaries and expenses
3-22     of the office.  That money may not be used to supplement the
3-23     prosecutor's salary.
3-24           (b)  Each state prosecutor shall submit annually to the
3-25     comptroller of public accounts a sworn account showing how this
3-26     money was spent during the year.
 4-1           Sec. 46.005.  LIMITATIONS ON LAW PRACTICE.  (a)  A state
 4-2     prosecutor may not engage in the private practice of law but may
 4-3     complete all civil cases that are not in conflict with the interest
 4-4     of any of the counties of the district in which the prosecutor
 4-5     serves and that are pending in court before the prosecutor takes
 4-6     office.
 4-7           (b)  A state prosecutor may not accept a fee from an attorney
 4-8     to whom the prosecutor has referred a case.
 4-9           (c)  This section applies to a county prosecutor and any [an]
4-10     assistant of a prosecutor if, from all state and county funds
4-11     received, the county prosecutor or assistant receives a salary that
4-12     is equal to or more than 80 percent of the benchmark salary [paid
4-13     by the state to the prosecutor under this chapter].
4-14           (d)  This section does not apply to a county prosecutor who
4-15     files with the county auditor an annual written waiver of the
4-16     amount of compensation that is equal to or exceeds 80 percent of
4-17     the benchmark salary.  An amount waived under this subsection shall
4-18     be used for expenses of the county prosecutor's office.
4-19           (e)  This section does not apply to a county prosecutor who,
4-20     before September 1, 1997, was paid in excess of the benchmark
4-21     salary by the county in which the prosecutor serves.
4-22           Sec. 46.006.  PURPOSE; DUTY OF COUNTY.  (a)  It is the
4-23     purpose of this chapter to increase the effectiveness of law
4-24     enforcement in this state and to increase the funds available for
4-25     use in prosecution at both the felony and misdemeanor levels.
4-26           (b)  The commissioners court in each county that has a
 5-1     prosecutor subject to this chapter may not reduce the county [shall
 5-2     provide the funds necessary to carry out the purpose of this
 5-3     chapter and shall continue to provide] funds provided for the
 5-4     salary or office of the prosecutor as a result [in an amount that
 5-5     is equal to or greater than the amount] of the funds  provided by
 5-6     this chapter [for the office by the county on August 27, 1979.
 5-7     This subsection does not apply to local supplementation to the
 5-8     salary of the prosecutor].
 5-9           Sec. 46.007.  INELIGIBILITY FOR CERTAIN OTHER STATE FUNDS.
5-10     Subchapter C, Chapter 41, does not apply to a county if the county
5-11     is served by a state prosecutor who serves in a district or county
5-12     [prosecuting attorney] listed in Section 46.002.
5-13           SECTION 2.  Section 152.032(a), Local Government Code, is
5-14     amended to read as follows:
5-15           (a)  The amount of the compensation and allowances of a
5-16     county auditor may not exceed the amount of the compensation and
5-17     allowances received from all county sources by the highest paid
5-18     elected county officer, other than a judge of a statutory county
5-19     court, whose salary and allowances are set by the commissioners
5-20     court.
5-21           SECTION 3.  This Act takes effect September 1, 1999.