BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 844

                                                                                                                                       By: Hinojosa

                                                                                                                                      Jurisprudence

                                                                                                                                              7/2/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law first enacted during the 77th Texas Legislature, a longevity supplement is provided by the state to assistant prosecutors in district and county attorney offices with felony jurisdiction. This supplement is supported by a fee on the posting of each surety bond. Recognizing the salaries available in the private sector for experienced attorneys the longevity supplement was deemed to be critical to retaining experienced prosecutors.

 

As originally enacted, the longevity supplement is not extended to all prosecutors, but only to 1,600 assistants in prosecutor offices with felony jurisdiction. There are approximately 250 assistant county attorneys with the duty to represent the state in all misdemeanor criminal and child and adult welfare cases. These assistants do not receive any supplement under this statute.

 

S.B. 844 extends the longevity supplement to include assistant prosecutors.

 

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 41.251(1), Government Code, to redefine "assistant prosecutor."

 

SECTION 2. Amends the heading to Section 41.258, Government Code, to read as follows:

 

Sec. 41.258. ASSISTANT PROSECUTOR SUPPLEMENT FUND AND FAIR DEFENSE ACCOUNT.

 

SECTION 3. Amends Sections 41.258(a), (i), and (j), Government Code, as follows:

 

(a) Creates the assistant prosecutor supplement fund, rather than the felony prosecutor supplement fund, in the state treasury.

 

(i) and (j) Makes conforming changes.

 

SECTION 4. Amends Section 103.022, Government Code, to make conforming and nonsubstantive changes.

 

SECTION 5. Provides that this Act applies to a lifetime service credit accrued by eligible assistant prosecutors before, on, and after the effective date of this Act.

 

SECTION 6. Effective date: September 1, 2007.