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.