1-1 By: Wentworth, Duncan S.B. No. 647
1-2 (In the Senate - Filed February 23, 1999; February 24, 1999,
1-3 read first time and referred to Committee on Finance;
1-4 April 27, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 27, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 647 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to salaries and fees for services of certain prosecutors.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 46, Government Code, is amended to read
1-13 as follows:
1-14 CHAPTER 46. PROFESSIONAL PROSECUTORS
1-15 Sec. 46.001. DEFINITIONS [DEFINITION]. In this chapter:
1-16 (1) "County prosecutor" means a constitutional county
1-17 attorney who does not have general felony jurisdiction and who is
1-18 not a state prosecutor.
1-19 (2) "Benchmark salary" means the salary that is
1-20 provided for a district judge in the General Appropriations Act.
1-21 (3) "State prosecutor"[, "prosecutor"] means a
1-22 district attorney, criminal district attorney, or county attorney
1-23 performing the duties of district attorney who serves in a district
1-24 or county listed in Section 46.002.
1-25 Sec. 46.002. Prosecutors Subject to Chapter. This chapter
1-26 applies to all county prosecutors and [only] to the following state
1-27 prosecutors:
1-28 (1) the district attorneys for the 2nd, 8th, 9th,
1-29 12th, 18th, 21st, 23rd, 26th, 27th, 29th, 32nd, 34th, 35th, 36th,
1-30 38th, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
1-31 69th, 70th, 76th, 81st, 84th, 85th, 88th, 90th, 97th, 100th, 105th,
1-32 106th, 110th, 118th, 119th, 123rd, 142nd, 145th, 156th, 159th,
1-33 173rd, 196th, 198th, 216th, 220th, 229th, 235th, 253rd, 259th,
1-34 266th, 268th, 271st, 278th, 286th, 329th, 349th, and 355th judicial
1-35 districts;
1-36 (2) the criminal district attorneys for the counties
1-37 of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
1-38 Calhoun, Cass, Collin, Comal, Deaf Smith, Denton, Eastland,
1-39 Galveston, Gregg, Harrison, Hays, Hidalgo, Jasper, Jefferson,
1-40 Kaufman, Lubbock, McLennan, Madison, Navarro, Newton, Panola, Polk,
1-41 Randall, Rockwall, San Jacinto, Smith, Tarrant, Taylor, Tyler,
1-42 Upshur, Van Zandt, Victoria, Walker, Waller, Wichita, Wood, and
1-43 Yoakum; and
1-44 (3) the county attorneys performing the duties of
1-45 district attorneys in the counties of Andrews, Callahan, Cameron,
1-46 Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Grayson,
1-47 Lamar, Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris,
1-48 Ochiltree, Orange, Red River, Robertson, Rusk, Terry, Webb, and
1-49 Willacy.
1-50 Sec. 46.003. COMPENSATION OF STATE PROSECUTORS. (a) Each
1-51 state prosecutor is entitled to receive from the state compensation
1-52 equal to the compensation that is provided for a district judge in
1-53 the General Appropriations Act.
1-54 (b) A commissioners court may supplement the state
1-55 prosecutor's state salary but may not pay the state prosecutor an
1-56 amount less than the compensation it pays its highest paid district
1-57 judge.
1-58 Sec. 46.0031. COMPENSATION OF COUNTY PROSECUTORS.
1-59 (a) Except as provided by Subsection (b), each county that has a
1-60 county prosecutor is entitled to receive from the state
1-61 supplemental salary compensation to be paid by the county to the
1-62 county prosecutor in an amount equal to the amount that is one-half
1-63 of the benchmark salary divided by the total number of counties
1-64 served by the state prosecutor, unless that formula would result in
2-1 an amount less than one-sixth of the benchmark salary, in which
2-2 case the county prosecutor is entitled to receive one-sixth of the
2-3 benchmark salary. A county with no county prosecutor is not
2-4 entitled to receive the salary supplement funds provided by this
2-5 section.
2-6 (b) For a county with more than one state prosecutor who
2-7 serves that county, the supplemental salary compensation for the
2-8 county prosecutor is computed by:
2-9 (1) determining the amount of compensation as provided
2-10 by Subsection (a) in relation to each state prosecutor as if that
2-11 state prosecutor is the only state prosecutor who serves the
2-12 county;
2-13 (2) adding the amounts of compensation determined
2-14 under Subdivision (1); and
2-15 (3) setting the amount of compensation at the lesser
2-16 of:
2-17 (A) the sum of those amounts; or
2-18 (B) one-half of the benchmark rate.
2-19 (c) If the receipt of compensation under this section causes
2-20 the gross salary of a county prosecutor to exceed the benchmark
2-21 salary, or if any amount of the compensation is waived by the
2-22 prosecutor, the excess or waived amount shall be used for expenses
2-23 of the county prosecutor's office.
2-24 (d) At least annually the comptroller shall pay to the
2-25 salary fund of each county that is entitled to receive funds under
2-26 this section an amount authorized under this section to supplement
2-27 the salary of the county prosecutor.
2-28 Sec. 46.004. EXPENSES. (a) Each state prosecutor is
2-29 entitled to receive not less than $22,500 a year from the state to
2-30 be used by the prosecutor to help defray the salaries and expenses
2-31 of the office. That money may not be used to supplement the
2-32 prosecutor's salary.
2-33 (b) Each state prosecutor shall submit annually to the
2-34 comptroller of public accounts a sworn account showing how this
2-35 money was spent during the year.
2-36 Sec. 46.005. Limitations on Law Practice. (a) A state
2-37 prosecutor may not engage in the private practice of law but may
2-38 complete all civil cases that are not in conflict with the interest
2-39 of any of the counties of the district in which the prosecutor
2-40 serves and that are pending in court before the prosecutor takes
2-41 office.
2-42 (b) A state prosecutor may not accept a fee from an attorney
2-43 to whom the prosecutor has referred a case.
2-44 (c) This section applies to a county prosecutor and any [an]
2-45 assistant of a prosecutor if, from all state and county funds
2-46 received, the county prosecutor or assistant receives a salary that
2-47 is equal to or more than 80 percent of the benchmark salary [paid
2-48 by the state to the prosecutor under this chapter].
2-49 (d) This section does not apply to a county prosecutor who
2-50 files with the county auditor an annual written waiver of the
2-51 amount of compensation that is equal to or exceeds 80 percent of
2-52 the benchmark salary. An amount waived under this subsection shall
2-53 be used for expenses of the county prosecutor's office.
2-54 (e) This section does not apply to a county prosecutor who,
2-55 before September 1, 1999, was paid in excess of the benchmark
2-56 salary by the county in which the prosecutor serves.
2-57 Sec. 46.006. Purpose; Duty of County. (a) It is the
2-58 purpose of this chapter to increase the effectiveness of law
2-59 enforcement in this state and to increase the funds available for
2-60 use in prosecution at both the felony and misdemeanor levels.
2-61 (b) The commissioners court in each county that has a
2-62 prosecutor subject to this chapter may not reduce the county [shall
2-63 provide the funds necessary to carry out the purpose of this
2-64 chapter and shall continue to provide] funds provided for the
2-65 salary or office of the prosecutor as a result [in an amount that
2-66 is equal to or greater than the amount] of the funds provided by
2-67 this chapter [for the office by the county on August 27, 1979.
2-68 This subsection does not apply to local supplementation to the
2-69 salary of the prosecutor].
3-1 Sec. 46.007. Ineligibility for Certain Other State Funds.
3-2 Subchapter C, Chapter 41, does not apply to a county if the county
3-3 is served by a state prosecutor who serves in a district or county
3-4 [prosecuting attorney] listed in Section 46.002.
3-5 SECTION 2. Subsection (a), Section 152.032, Local Government
3-6 Code, is amended to read as follows:
3-7 (a) The amount of the compensation and allowances of a
3-8 county auditor may not exceed the amount of the compensation and
3-9 allowances received from all county sources by the highest paid
3-10 elected county officer, other than a judge of a statutory county
3-11 court, whose salary and allowances are set by the commissioners
3-12 court.
3-13 SECTION 3. This Act takes effect September 1, 1999.
3-14 * * * * *