1-1 By: Luna, Hinojosa, Keel (Senate Sponsor - West) H.B. No. 178 1-2 (In the Senate - Received from the House May 1, 2001; 1-3 May 2, 2001, read first time and referred to Committee on 1-4 Jurisprudence; May 8, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 8, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to longevity pay for certain assistant prosecutors. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Chapter 41, Government Code, is amended by adding 1-11 Subchapter D to read as follows: 1-12 SUBCHAPTER D. LONGEVITY PAY FOR ASSISTANT PROSECUTORS 1-13 Sec. 41.251. DEFINITIONS. In this subchapter: 1-14 (1) "Assistant prosecutor" means an assistant district 1-15 attorney, an assistant criminal district attorney, or an assistant 1-16 county attorney to a county attorney compensated by the state to 1-17 perform the duties of a district attorney. 1-18 (2) "Full-time employee" means an assistant prosecutor 1-19 who is normally scheduled to work at least 40 hours a week as an 1-20 assistant prosecutor. 1-21 (3) "Part-time employee" means an assistant prosecutor 1-22 who is not a full-time employee. 1-23 Sec. 41.252. LONGEVITY PAY. (a) An assistant prosecutor is 1-24 entitled to longevity pay to be included in the assistant 1-25 prosecutor's monthly compensation if the assistant prosecutor: 1-26 (1) is a full-time employee on the first workday of 1-27 the month; 1-28 (2) is not on leave without pay on the first workday 1-29 of the month; and 1-30 (3) has accrued at least four years of lifetime 1-31 service credit not later than the last day of the preceding month. 1-32 (b) The district attorney, criminal district attorney, or 1-33 county attorney in the county in which the assistant prosecutor is 1-34 employed shall certify the eligibility of the assistant prosecutor 1-35 to receive a longevity pay supplement under this subchapter. 1-36 Sec. 41.253. AMOUNT. (a) The monthly amount of longevity 1-37 pay is $20 for each year of lifetime service credit. 1-38 (b) The increase is effective beginning with the month 1-39 following the month in which the fourth year of lifetime service 1-40 credit is accrued. 1-41 (c) An assistant prosecutor may not receive as longevity pay 1-42 from the county under this subchapter: 1-43 (1) more than $20 for each year of lifetime service 1-44 credit, regardless of the number of positions the assistant 1-45 prosecutor holds or the number of hours the assistant prosecutor 1-46 works each week; or 1-47 (2) more than $5,000 annually. 1-48 Sec. 41.254. LIMITATIONS ON LAW PRACTICE. (a) An assistant 1-49 prosecutor who receives longevity pay under this subchapter may not 1-50 engage in the private practice of law if, from all funds received, 1-51 the assistant prosecutor receives a salary that is equal to or more 1-52 than 80 percent of the salary paid by the state to a district 1-53 judge. 1-54 (b) An assistant prosecutor who becomes subject to this 1-55 section may complete all civil cases that are not in conflict with 1-56 the interest of any of the counties of the district in which the 1-57 assistant prosecutor serves and that are pending in court before 1-58 the assistant prosecutor exceeds the salary cap. 1-59 Sec. 41.255. FUNDING. (a) The county shall pay a longevity 1-60 pay supplement under this subchapter out of the county general 1-61 fund. 1-62 (b) The county may not reduce the salary of the assistant 1-63 prosecutor to offset the longevity pay supplement. 1-64 (c) If an assistant prosecutor performs services for more 2-1 than one county, the counties shall apportion the longevity pay 2-2 supplement according to the ratio a county's population bears to 2-3 the total population of the counties in which the assistant 2-4 prosecutor performs services. 2-5 (d) The state shall reimburse a county for amounts expended 2-6 for longevity pay supplements under this subchapter. 2-7 (e) A county seeking reimbursement under this section shall 2-8 certify to the comptroller on a quarterly basis the amount of 2-9 reimbursement that the county is entitled to receive. The 2-10 comptroller shall issue a warrant to the county in the amount 2-11 certified. 2-12 Sec. 41.256. CHANGE IN STATUS. If an assistant prosecutor 2-13 ceases being a full-time employee after the first workday of a 2-14 month but otherwise qualifies for longevity pay, the assistant 2-15 prosecutor's compensation for that month includes full longevity 2-16 pay. 2-17 Sec. 41.257. ACCRUAL OF LIFETIME SERVICE CREDIT. (a) An 2-18 assistant prosecutor accrues lifetime service credit for the period 2-19 in which the assistant prosecutor serves as a full-time, part-time, 2-20 or temporary assistant prosecutor. 2-21 (b) An assistant prosecutor who is on leave without pay for 2-22 an entire calendar month does not accrue lifetime service credit 2-23 for the month. 2-24 (c) An assistant prosecutor who simultaneously holds two or 2-25 more positions that each accrue lifetime service credit accrues 2-26 credit for only one of the positions. 2-27 (d) An assistant prosecutor who begins working on the first 2-28 workday of a month in a position that accrues lifetime service 2-29 credit is considered to have begun working on the first day of the 2-30 month. 2-31 SECTION 2. This Act takes effect January 1, 2002. 2-32 SECTION 3. Subchapter D, Chapter 41, Government Code, as 2-33 added by this Act, applies to lifetime service credit accrued under 2-34 that subchapter before, on, or after the effective date of this 2-35 Act. 2-36 * * * * *