H.B. No. 1940
relating to longevity pay for assistant prosecutors and to certain
legal defense matters.
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 [
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
(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
(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
(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 AND FAIR
DEFENSE ACCOUNT. (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 $15 cost by each surety
posting the bail bond, provided the cost does not exceed $30 for all
bail bonds posted at that time for an individual and the cost is not
required on the posting of a personal or cash 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
(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 surety paying a cost under Subsection (b) may apply
for and is entitled to a refund of the cost not later than the 181st
day after the date the state declines to prosecute an individual or
the grand jury declines to indict an individual.
(g) 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;
(2) remits the funds to the comptroller as prescribed
by Subsection (e).
(h) Funds collected are subject to audit by the comptroller,
and funds expended are subject to audit by the state auditor.
(i) The comptroller shall deposit two-thirds of the funds
received under this section in the felony prosecutor supplement
fund and one-third of the funds received under this section to the
fair defense account. A county may not reduce the amount of funds
provided for indigent defense services in the county because of
funds provided under this subsection.
(j) The comptroller shall pay supplements from the felony
prosecutor supplement 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
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.
President of the Senate Speaker of the House
I certify that H.B. No. 1940 was passed by the House on April
25, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1940 on May 30, 2003, by a non-record
Chief Clerk of the House
I certify that H.B. No. 1940 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
Secretary of the Senate