78R9415 YDB-F


By:  Luna, Jones of Bexar                                         H.B. No. 1940


A BILL TO BE ENTITLED
AN ACT
relating to longevity pay for assistant prosecutors. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 41.252(a), Government Code, is amended to read as follows: (a) An assistant prosecutor is entitled to longevity pay [to be included in the assistant prosecutor's monthly compensation] if the assistant prosecutor: (1) is a full-time employee on the last day of a state fiscal quarter [first workday of the month]; (2) is not on leave without pay on the last day of a state fiscal quarter [first workday of the month]; and (3) has accrued at least four years of lifetime service credit not later than the last day of the [preceding] month preceding the last month of a state fiscal quarter. SECTION 2. Section 41.253(a), Government Code, is amended to read as follows: (a) Except as provided by Section 41.255(f), the [The monthly] amount of longevity pay is $20 per month for each year of lifetime service credit. SECTION 3. Section 41.255, Government Code, is amended by amending Subsections (a), (d), and (e) and adding Subsections (f) and (g) to read as follows: (a) The county shall pay a longevity pay supplement under this subchapter to the extent the county receives funds from the comptroller as provided by Subsection (d) [out of the county general fund]. (d) Not later than the 15th day after the start of each state fiscal quarter, the county shall 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. The comptroller shall issue a warrant to the county for the amount certified. The comptroller shall issue warrants to the counties not later than the 60th day after the first date of each state fiscal quarter. [The state shall reimburse a county for amounts expended for longevity pay supplements under this subchapter.] (e) On the receipt of funds from the comptroller as provided by Subsection (d), the county shall pay longevity supplements to eligible assistant prosecutors in the next regularly scheduled salary payment or in a separate payment [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) A county is not required to pay longevity supplements if the county does not receive funds from the comptroller as provided by Subsection (d). If sufficient funds are not available to meet the requests made by counties for funds for payment of assistant prosecutors qualified for longevity supplements, the comptroller shall apportion the available funds to the eligible counties by reducing the amount payable to each county on an equal percentage basis. A county that receives from the comptroller an amount less than the amount certified by the county to the comptroller under Subsection (d) shall apportion the funds received by reducing the amount payable to eligible assistant prosecutors on an equal percentage basis, but is not required to use county funds to make up any difference between the amount certified and the amount received. (g) 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), the comptroller shall: (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. Subchapter D, Chapter 41, Government Code, is amended by adding Section 41.258 to read as follows: Sec. 41.258. FELONY PROSECUTOR SUPPLEMENT FUND. (a) The felony prosecutor supplement fund is created in the state treasury. (b) 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, shall require the payment of a $10 cost by each surety posting the bail bond. (c) An officer collecting a cost under this section shall deposit the cost in the county treasury in accordance with Article 103.004, Code of Criminal Procedure. (d) An officer who collects a cost due under this section shall: (1) keep separate records of the funds collected; and (2) file the reports required by Article 103.005, Code of Criminal Procedure. (e) The custodian of the county treasury shall: (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) A county may retain 10 percent of the funds collected under this section and may also 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 (e). (g) Funds collected are subject to audit by the comptroller, and funds expended are subject to audit by the state auditor. (h) The comptroller shall deposit the funds received under this section in the felony prosecutor supplement fund. (i) The comptroller shall pay supplements from the fund as provided by this subchapter. At the end of each fiscal year, any unexpended balance in the fund in excess of $1.5 million may be transferred to the general revenue fund. SECTION 5. 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.