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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 178 was passed by the House on April
30, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 178 was passed by the Senate on May
15, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor