By Luna, Hinojosa, Keel H.B. No. 178 77R1966 KLA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to longevity pay for certain assistant prosecutors. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 41, Government Code, is amended by adding 1-5 Subchapter D to read as follows: 1-6 SUBCHAPTER D. LONGEVITY PAY FOR ASSISTANT PROSECUTORS 1-7 Sec. 41.251. DEFINITIONS. In this subchapter: 1-8 (1) "Assistant prosecutor" means an assistant district 1-9 attorney, an assistant criminal district attorney, or an assistant 1-10 county attorney to a county attorney compensated by the state to 1-11 perform the duties of a district attorney. 1-12 (2) "Full-time employee" means an assistant prosecutor 1-13 who is normally scheduled to work at least 40 hours a week as an 1-14 assistant prosecutor. 1-15 (3) "Part-time employee" means an assistant prosecutor 1-16 who is not a full-time employee. 1-17 Sec. 41.252. LONGEVITY PAY. (a) An assistant prosecutor is 1-18 entitled to longevity pay to be included in the assistant 1-19 prosecutor's monthly compensation if the assistant prosecutor: 1-20 (1) is a full-time employee on the first workday of 1-21 the month; 1-22 (2) is not on leave without pay on the first workday 1-23 of the month; and 1-24 (3) has accrued at least four years of lifetime 2-1 service credit not later than the last day of the preceding month. 2-2 (b) The district attorney, criminal district attorney, or 2-3 county attorney in the county in which the assistant prosecutor is 2-4 employed shall certify the eligibility of the assistant prosecutor 2-5 to receive a longevity pay supplement under this subchapter. 2-6 Sec. 41.253. AMOUNT. (a) The monthly amount of longevity 2-7 pay is $20 for each year of lifetime service credit. 2-8 (b) The increase is effective beginning with the month 2-9 following the month in which the fourth year of lifetime service 2-10 credit is accrued. 2-11 (c) An assistant prosecutor may not receive as longevity pay 2-12 from the county under this subchapter: 2-13 (1) more than $20 for each year of lifetime service 2-14 credit, regardless of the number of positions the assistant 2-15 prosecutor holds or the number of hours the assistant prosecutor 2-16 works each week; or 2-17 (2) more than $5,000 annually. 2-18 Sec. 41.254. LIMITATIONS ON LAW PRACTICE. (a) An assistant 2-19 prosecutor who receives longevity pay under this subchapter may not 2-20 engage in the private practice of law if, from all funds received, 2-21 the assistant prosecutor receives a salary that is equal to or more 2-22 than 80 percent of the salary paid by the state to a district 2-23 judge. 2-24 (b) An assistant prosecutor who becomes subject to this 2-25 section may complete all civil cases that are not in conflict with 2-26 the interest of any of the counties of the district in which the 2-27 assistant prosecutor serves and that are pending in court before 3-1 the assistant prosecutor exceeds the salary cap. 3-2 Sec. 41.255. FUNDING. (a) The county shall pay a longevity 3-3 pay supplement under this subchapter out of the county general 3-4 fund. 3-5 (b) The county may not reduce the salary of the assistant 3-6 prosecutor to offset the longevity pay supplement. 3-7 (c) If an assistant prosecutor performs services for more 3-8 than one county, the counties shall apportion the longevity pay 3-9 supplement according to the ratio a county's population bears to 3-10 the total population of the counties in which the assistant 3-11 prosecutor performs services. 3-12 (d) The state shall reimburse a county for amounts expended 3-13 for longevity pay supplements under this subchapter. 3-14 (e) A county seeking reimbursement under this section shall 3-15 certify to the comptroller on a quarterly basis the amount of 3-16 reimbursement that the county is entitled to receive. The 3-17 comptroller shall issue a warrant to the county in the amount 3-18 certified. 3-19 Sec. 41.256. CHANGE IN STATUS. If an assistant prosecutor 3-20 ceases being a full-time employee after the first workday of a 3-21 month but otherwise qualifies for longevity pay, the assistant 3-22 prosecutor's compensation for that month includes full longevity 3-23 pay. 3-24 Sec. 41.257. ACCRUAL OF LIFETIME SERVICE CREDIT. (a) An 3-25 assistant prosecutor accrues lifetime service credit for the period 3-26 in which the assistant prosecutor serves as a full-time, part-time, 3-27 or temporary assistant prosecutor. 4-1 (b) An assistant prosecutor who is on leave without pay for 4-2 an entire calendar month does not accrue lifetime service credit 4-3 for the month. 4-4 (c) An assistant prosecutor who simultaneously holds two or 4-5 more positions that each accrue lifetime service credit accrues 4-6 credit for only one of the positions. 4-7 (d) An assistant prosecutor who begins working on the first 4-8 workday of a month in a position that accrues lifetime service 4-9 credit is considered to have begun working on the first day of the 4-10 month. 4-11 SECTION 2. This Act takes effect January 1, 2002. 4-12 SECTION 3. Subchapter D, Chapter 41, Government Code, as 4-13 added by this Act, applies to lifetime service credit accrued under 4-14 that subchapter before, on, or after the effective date of this 4-15 Act.