Senate Research Center   H.B. 1940
78R9415 YDB-FBy: Luna (Hinojosa)
Criminal Justice


In 2001, the 77th Legislature enacted H.B. 178, which created a longevity
supplement for assistant prosecutors in offices with felony jurisdiction
and mandated that counties pay this supplement out of the county general
fund.  H.B. 178 also provided that the state was to reimburse the counties
for amounts expended for these supplements.  A county seeking
reimbursement was to certify to the comptroller on a quarterly basis the
amount of reimbursement that the particular county was entitled to
receive.  The comptroller was then to issue a warrant to the county for
that amount.   

The 77th Legislature also provided for a contingency appropriation to fund
this supplement, but this was reduced in conference committee to an
inadequate level. Even this has not been available as no funds have ever
been certified.   

The attorney general ruled that the counties remained obligated for the
payment of the longevity supplement despite the lack of reimbursement by
the state as originally envisioned by H.B. 178 (Opinion No. JC-0438;
December 3, 2001).   

H.B. 1940 retains most of the provisions of the current law, but makes
plain that counties have no obligation to pay the longevity supplement
unless state funds are appropriated for that purpose.  H.B. 1940
establishes a Felony Prosecutor Supplement Fund in the state treasury,
with the funds being generated by a $10 cost assessed to sureties on the
posting of each surety bond on Class B misdemeanors and more serious


This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 


SECTION 1.  Amends Section 41.252(a), Government Code, to provide that an
assistant prosecutor is entitled to longevity pay, rather than longevity
pay to be included in the assistant prosecutor's monthly compensation, if
the assistant prosecutor meets certain conditions. 
SECTION 2.  Amends Section 41.253(a), Government Code, to provide an
exception and make nonsubstantive changes.  

SECTION 3.  Amends Section 41.255, Government Code, by amending
Subsections (a), (d), and (e) and adding Subsections (f) and (g), as

(a)  Requires the county to pay a longevity pay supplement under this
subchapter to the extent the county receives funds from the comptroller as
provided by Subsection (d), rather than out of the county general fund. 

(d)  Requires the county, not later than the 15th day after the start of
each state fiscal quarter, to certify to the comptroller the total amount
of longevity pay supplement due to all assistant prosecutors in the county
for the preceding state fiscal quarter.  Requires the comptroller to issue
a warrant to the county for the amount certified.   Requires the
comptroller to issue warrants to the counties not later than the 60th day
after the first date of each state fiscal quarter.  Deletes the text "the
state shall reimburse a county for amounts expended for longevity pay
supplements under this subchapter." 

(e)  Requires the county, on the receipt of funds from the comptroller as
provided by Subsection (d), to pay longevity supplements to eligible
assistant prosecutors in the next regularly scheduled salary payment or in
a separate payment.  Deletes text stating  "A county seeking reimbursement
under this section shall certify to the comptroller on a quarterly basis
the amount of reimbursement that the county is entitled to receive.  The
comptroller shall issue a warrant to the county in the amount certified." 

(f)  Provides that a county is not required to pay longevity supplements
if the county does not receive funds from the comptroller as provided by
Subsection (d).  Requires the comptroller, if sufficient funds are not
available to meet the requests made by counties for funds for payment of
assistant prosecutors qualified for longevity supplements, to apportion
the available funds to the eligible counties by reducing the amount
payable to each county on an equal percentage basis.  Requires a county
that receives from the comptroller an amount less than the amount
certified by the county to the comptroller under Subsection (d) to
apportion the funds received by reducing the amount payable to eligible
assistant prosecutors on an equal percentage basis, but provides that the
county is not required to use county funds to make up any difference
between the amount certified and the amount received. 

(g)  Requires the comptroller, if previous payments under this chapter
have been reduced for insufficient funds pursuant to Subsection (f), or if
a county submits the required information but not in a timely manner as
required by Subsection (d), to: 

  (1)  make a payment of the balance when the funds are available; or
(2)  carry forward the balance owed to the county and pay that amount to
the county when the next payment is required. 

SECTION 4.  Amends Subchapter D, Chapter 41, Government Code, by adding
Section 41.258, as follows: 

Sec. 41.258.  FELONY PROSECUTOR SUPPLEMENT FUND.  (a) Provides that the
felony prosecutor supplement fund is created in the state treasury. 

(b)  Requires a court, judge, magistrate, peace officer, or other officer
taking a bail bond for an offense other than a misdemeanor punishable by
fine only under Chapter 17, Code of Criminal Procedure, to require the
payment of a $10 cost by each surety posting the bail bond. 

(c)  Requires an officer collecting a cost under this section to deposit
the cost in the county treasury in accordance with Article 103.004, Code
of Criminal Procedure. 

  (d)  Requires an officer who collects a cost due under this section to:

   (1)  keep separate records of the funds collected; and
(2)  file the reports required by Article 103.005, Code of Criminal

  (e)  Requires the custodian of the county treasury to:

(1)  keep records of the amount of funds on deposit that are collected
under this section; and 
(2)  send to the comptroller not later than the last day of the month
following each calendar quarter the funds collected under this section
during the preceding quarter. 
 (f)  Authorizes a county to retain 10 percent of the funds collected
under this section and retain all interest accrued on the funds if the
custodian of the treasury: 

   (1)  keeps records of the amount of funds on deposit; and
   (2)  remits the funds to the comptroller as prescribed by Subsection

(g)  Provides that funds collected are subject to audit by the
comptroller, and funds expended are subject to audit by the state auditor. 

(h)  Requires the comptroller to deposit the funds received under this
section in the felony prosecutor supplement fund.  

(i)  Requires the comptroller to pay supplements from the fund as provided
by this subchapter.  Authorizes, at the end of each fiscal year, any
unexpended balance in the fund in excess of $1.5 million to be transferred
to the general revenue fund. 

SECTION 5.  Provides that this Act takes effect December 1, 2003, except
that Section 4 of this Act takes effect September 1, 2003, and applies
only to a bail bond taken as provided by Section 41.258, Government Code,
as added by this Act, on or after that date.