81R395 CAE-F

By: Alonzo H.B. No. 199

A BILL TO BE ENTITLED

AN ACT

relating to longevity pay for assistant public defenders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 2, Government Code, is amended by adding Subtitle K to read as follows:

SUBTITLE K. PUBLIC DEFENDERS

CHAPTER 120. LONGEVITY PAY FOR PUBLIC DEFENDERS

Sec. 120.001. DEFINITIONS. In this chapter:

(1) "Assistant public defender" means a licensed attorney employed by a public defender to assist in providing legal representation and services to indigent defendants.

(2) "Full-time employee" means an assistant public defender who is normally scheduled to work at least 40 hours a week as an assistant public defender.

(3) "Part-time employee" means an assistant public defender who is not a full-time employee.

(4) "Public defender" has the meaning assigned by Article 26.044(a), Code of Criminal Procedure.

Sec. 120.002. LONGEVITY PAY. (a) An assistant public defender is entitled to longevity pay if the assistant public defender:

(1) is a full-time employee of a public defender on the last day of a state fiscal quarter;

(2) is not on leave without pay on the last day of a state fiscal quarter; and

(3) has been employed by a public defender and accrued employment credit of at least four years not later than the last day of the month preceding the last month of a state fiscal quarter.

(b) The public defender who employs the assistant public defender shall certify the eligibility of the assistant public defender to receive a longevity pay supplement under this chapter.

Sec. 120.003. AMOUNT. (a) Except as provided by Section 120.005(e), the amount of longevity pay is $20 per month for each year of employment.

(b) The increase is effective beginning with the month following the month in which the fourth year of employment credit accrues.

(c) An assistant public defender may not receive as longevity pay under this chapter:

(1) more than $20 for each year of employment, regardless of the number of positions the assistant public defender holds or the number of hours the assistant public defender works each week; or

(2) more than $5,000 annually.

Sec. 120.004. LIMITATIONS ON LAW PRACTICE. (a) An assistant public defender who receives longevity pay under this chapter may not engage in the private practice of law if, from all funds received, the assistant public defender receives a salary that is equal to or more than 80 percent of the salary paid by the state to a district judge.

(b) An assistant public defender who becomes subject to this section may complete all civil cases that are pending in court before the assistant public defender exceeds the salary cap.

Sec. 120.005. FUNDING. (a) The public defender shall pay a longevity pay supplement under this chapter to the extent the public defender receives funds from the comptroller as provided by Subsection (c).

(b) The public defender may not reduce the salary of the assistant public defender to offset the longevity pay supplement.

(c) Not later than the 15th day after the start of each state fiscal quarter, the public defender shall certify to the comptroller the total amount of longevity pay supplement due to all assistant public defenders employed by the public defender for the preceding state fiscal quarter. The comptroller shall issue a warrant to the public defender for the amount certified. The comptroller shall issue a warrant to the public defender not later than the 60th day after the first date of each state fiscal quarter.

(d) On the receipt of funds from the comptroller as provided by Subsection (c), the public defender shall pay longevity supplements to eligible assistant public defenders in the next regularly scheduled salary payment or in a separate payment.

(e) A public defender is not required to pay longevity supplements if the public defender does not receive funds from the comptroller as provided by Subsection (c). If sufficient funds are not available to meet the requests made by public defenders for funds for payment of assistant public defenders qualified for longevity supplements, the comptroller shall apportion the available funds to the eligible public defenders by reducing the amount payable to each public defender on an equal percentage basis. A public defender that receives from the comptroller an amount less than the amount certified by the public defender to the comptroller under Subsection (c) shall apportion the funds received by reducing the amount payable to eligible assistant public defenders on an equal percentage basis, but is not required to use public defender funds to make up any difference between the amount certified and the amount received.

(f) If previous payments under this chapter have been reduced for insufficient funds under Subsection (e), or if a public defender submits the required information but not in a timely manner as required by Subsection (c), the comptroller shall:

(1) make a payment of the balance when the funds are available; or

(2) carry forward the balance owed to the public defender and pay that amount to the public defender when the next payment is required.

Sec. 120.006. CHANGE IN STATUS. If an assistant public defender ceases being a full-time employee after the first workday of a month but otherwise qualifies for longevity pay, the assistant public defender's compensation for that month includes full longevity pay.

Sec. 120.007. ACCRUAL OF EMPLOYMENT CREDIT. (a) An assistant public defender accrues employment credit for the period in which the assistant public defender serves as a full-time, part-time, or temporary assistant public defender.

(b) An assistant public defender who is on leave without pay for an entire calendar month does not accrue employment credit for the month.

(c) An assistant public defender who simultaneously holds two or more positions that each accrue employment credit accrues credit for only one of the positions.

(d) An assistant public defender who begins working on the first workday of a month in a position that accrues employment credit is considered to have begun working on the first day of the month.

Sec. 120.008. ASSISTANT PUBLIC DEFENDER SUPPLEMENT FUND. (a) The assistant public defender supplement fund is created in the state treasury.

(b) The comptroller shall pay supplements from the assistant public defender supplement fund as provided by this chapter. 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 2. The heading to Section 41.258, Government Code, is amended to read as follows:

Sec. 41.258. ASSISTANT PROSECUTOR SUPPLEMENT FUND, ASSISTANT PUBLIC DEFENDER SUPPLEMENT FUND, AND FAIR DEFENSE ACCOUNT.

SECTION 3. Section 41.258(i), Government Code, is amended to read as follows:

(i) The comptroller shall deposit one-third [two-thirds] of the funds received under this section in the assistant prosecutor supplement fund, one-third of the funds received under this section in the assistant public defender 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.

SECTION 4. (a) Section 103.027, Government Code, is amended to conform to the amendments made to Section 103.022, Government Code, by Chapter 36 (S.B. 844), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows:

Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT CODE. Fees and costs shall be paid or collected under the Government Code as follows:

(1) filing a certified copy of a judicial finding of fact and conclusion of law if charged by the secretary of state (Sec. 51.905, Government Code) . . . $15;

(2) cost paid by each surety posting the bail bond for an offense other than a misdemeanor punishable by fine only under Chapter 17, Code of Criminal Procedure, for the assistant [felony] prosecutor supplement fund, assistant public defender fund, and the fair defense account (Sec. 41.258, Government Code) . . . $15, 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;

(3) to participate in a court proceeding in this state, a nonresident attorney fee for civil legal services to the indigent (Sec. 82.0361, Government Code) . . . $250 except as waived or reduced under supreme court rules for representing an indigent person;

(4) on a party's appeal of a final decision in a contested case, the cost of preparing the original or a certified copy of the record of the agency proceeding, if required by the agency's rule, as a court cost (Sec. 2001.177, Government Code) . . . as assessed by the court, all or part of the cost of preparation;

(5) compensation to a referee in juvenile court in Wichita County taxed as costs if the judge determines the parties are able to pay the costs (Sec. 54.403, Government Code) . . . as determined by the judge; and

(6) the expense of preserving the record as a court cost in Brazos County if imposed on a party by the referring court or magistrate (Sec. 54.1111, Government Code) . . . actual cost.

(b) Section 103.022, Government Code, as amended by Chapter 36, Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 103.022, Government Code, as reenacted and amended by Chapter 921, Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect.

SECTION 5. The changes in law made by this Act apply to employment credit accrued by eligible assistant public defenders before, on, and after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2009.