By Luna                                                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.