82R5958 CAE-F
 
  By: Alonzo H.B. No. 1475
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to longevity pay for judicial staff counsel and assistant
  public defenders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Government Code, is amended
  by adding Chapter 58 to read as follows:
  CHAPTER 58. LONGEVITY PAY FOR JUDICIAL STAFF COUNSEL
         Sec. 58.001.  DEFINITIONS. In this chapter:
               (1)  "Full-time employee" means a judicial staff
  counsel who is normally scheduled to work at least 40 hours a week
  as a judicial staff counsel.
               (2)  "Judicial staff counsel" means a licensed
  attorney:
                     (A)  employed by a county to assist one or more
  district judges or statutory county court judges in the county with
  criminal law cases filed in the district court or statutory county
  court; and
                     (B)  whose duties include performing legal
  research and preparing legal memorandums and judicial orders.
               (3)  "Part-time employee" means a judicial staff
  counsel who is not a full-time employee.
         Sec. 58.002.  LONGEVITY PAY. (a) A judicial staff counsel
  is entitled to longevity pay if the judicial staff counsel:
               (1)  is a full-time employee of a county 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 county 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 county that employs the judicial staff counsel shall
  certify the eligibility of the judicial staff counsel to receive a
  longevity pay supplement under this chapter.
         Sec. 58.003.  AMOUNT.  (a) Except as provided by Section
  58.005(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)  A judicial staff counsel 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 judicial staff counsel
  holds or the number of hours the judicial staff counsel works each
  week; or
               (2)  more than $5,000 annually.
         Sec. 58.004.  LIMITATIONS ON LAW PRACTICE.  (a)  A judicial
  staff counsel who receives longevity pay under this chapter may not
  engage in the private practice of law if, from all funds received,
  the judicial staff counsel receives a salary that is equal to or
  more than 80 percent of the salary paid by the state to a district
  judge.
         (b)  A judicial staff counsel who becomes subject to this
  section may complete all civil cases that are pending in court
  before the judicial staff counsel exceeds the salary cap.
         Sec. 58.005.  FUNDING.  (a)  The county shall pay a longevity
  pay supplement under this chapter to the extent the county receives
  funds from the comptroller as provided by Subsection (c).
         (b)  The county may not reduce the salary of the judicial
  staff counsel to offset the longevity pay supplement.
         (c)  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 judicial staff
  counsel employed by 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 a warrant to the
  county 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 county shall pay longevity supplements to
  eligible judicial staff counsel in the next regularly scheduled
  salary payment or in a separate payment.
         (e)  A county is not required to pay longevity supplements if
  the county does not receive funds from the comptroller as provided
  by Subsection (c). If sufficient funds are not available to meet
  the requests made by counties for funds for payment of judicial
  staff counsel 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 (c) shall apportion the funds received by reducing the
  amount payable to eligible judicial staff counsel 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
  received.
         (f)  If previous payments under this chapter have been
  reduced for insufficient funds under Subsection (e), or if a county
  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 county and
  pay that amount to the county when the next payment is required.
         Sec. 58.006.  CHANGE IN STATUS.  If a judicial staff counsel
  ceases being a full-time employee after the first workday of a month
  but otherwise qualifies for longevity pay, the judicial staff
  counsel's compensation for that month includes full longevity pay.
         Sec. 58.007.  ACCRUAL OF EMPLOYMENT CREDIT.  (a)  A judicial
  staff counsel accrues employment credit for the period in which the
  judicial staff counsel serves as a full-time, part-time, or
  temporary judicial staff counsel.
         (b)  A judicial staff counsel who is on leave without pay for
  an entire calendar month does not accrue employment credit for the
  month.
         (c)  A judicial staff counsel who simultaneously holds two or
  more positions that each accrue employment credit accrues credit
  for only one of the positions.
         (d)  A judicial staff counsel 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. 58.008.  JUDICIAL STAFF COUNSEL SUPPLEMENT FUND.  (a)  
  The judicial staff counsel supplement fund is created in the state
  treasury.
         (b)  The comptroller shall pay supplements from the judicial
  staff counsel 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.  Title 2, Government Code, is amended by adding
  Subtitle K to read as follows:
  SUBTITLE K.  PUBLIC DEFENDERS
  CHAPTER 120. LONGEVITY PAY FOR ASSISTANT 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 3.  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, JUDICIAL STAFF COUNSEL
  SUPPLEMENT FUND, AND FAIR DEFENSE ACCOUNT.
         SECTION 4.  Section 41.258(i), Government Code, is amended
  to read as follows:
         (i)  Of the funds received under this section, the [The]
  comptroller shall deposit one-fourth [two-thirds of the funds
  received under this section] in the assistant prosecutor supplement
  fund, one-fourth in the assistant public defender supplement fund,
  one-fourth in the judicial staff counsel supplement fund, and
  one-fourth in [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 5.  Section 103.027, Government Code, is 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
  prosecutor supplement fund, assistant public defender supplement
  fund, judicial staff counsel supplement 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.
         SECTION 6.  The changes in law made by this Act apply to
  employment credit accrued by eligible judicial staff counsel or
  eligible assistant public defenders before, on, and after the
  effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2011.