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.
1-10           SECTION 1.  Chapter 41, Government Code, is amended by adding
1-11     Subchapter D to read as follows:
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.
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