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78R6625 YDB-F

By:  Luna                                                         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 Subsection (f) 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.  If sufficient funds are not appropriated by the 
legislature to meet the state's obligation to all assistant 
prosecutors qualified for longevity supplements, the comptroller 
shall apportion the available funds on a pro rata basis.  The 
comptroller shall issue warrants to the counties not later than the 
30th 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).  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 
on a pro rata basis to eligible assistant prosecutors but is not 
required to use county funds to make up any difference between the 
amount certified and the amount received.
	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 fee by each surety 
posting the bail bond.
	(c)  An officer collecting a fee under this section shall 
deposit the fee in the county treasury in accordance with Article 
103.004, Code of Criminal Procedure.
	(d)  An officer who collects a fee 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 as a collection fee 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 Section 41.252.  At the end of each fiscal year, any 
unexpended balance in the fund in excess of $1 million shall be 
transferred to the general revenue fund.
	SECTION 5.  This Act takes effect January 1, 2004, 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.