This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 497

80R4716 YDB-D                                                                                                            By: Duncan

                                                                                                                                      Jurisprudence

                                                                                                                                            2/23/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Professional Prosecutors Act (Chapter 46, Government Code) entitles state and county prosecutors to a guaranteed salary by the state and a small stipend for office operations.  The Office of the State Prosecuting Attorney was established to represent the state in criminal cases before the Court of Criminal Appeals.  The state prosecuting attorney is not covered under the Professional Prosecutors Act.

 

As proposed, S.B. 497 adds the state prosecuting attorney to the list of prosecutors covered by the Professional Prosecutors Act.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 46.001, Government Code, by adding Subdivision (4), to define "state prosecuting attorney."

 

SECTION 2.  Amends Section 46.002, Government Code, to include that this section applies to the state prosecuting attorney among the other county and state prosecutors listed.

 

SECTION 3.  Amends Section 46.002, Government Code, effective January 1, 2009, to make conforming changes.

 

SECTION 4.  Amends Section 46.003(a), Government Code, entitles the state prosecuting attorney and each state prosecutor to receive from the state compensation equal to the compensation that is provided for a district judge in the General Appropriations Act.

 

SECTION 5.  Amends Section 46.004, Government Code, to make conforming changes.

 

SECTION 6.  Amends Sections 46.005(a) and (b), Government Code, to make conforming changes.

 

SECTION 7.  Effective date:  September 1, 2007.