HBA-RBT H.B. 3563 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3563 By: Luna, Vilma Judicial Affairs 4/7/1999 Introduced BACKGROUND AND PURPOSE Assistant prosecutors with five to seven years experience as a prosecutor may be able to obtain higher salaries in private practice or at the U.S. Attorney's Office. Experienced prosecutors are a tremendous resource to the prosecution of crimes generally. H.B. 3563 provides for longevity pay to assistant prosecutors. The supplement is limited to $5,000 per year and $20 per week for each year of accrued time. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 43, Government Code, by adding Subchapter C, as follows: SUBCHAPTER C. LONGEVITY PAY FOR ASSISTANT PROSECUTORS Sec. 43.201. DEFINITIONS. Defines "assistant prosecutor," " full-time employee," and "part-time employee." Sec. 43.202. LONGEVITY PAY. Entitles an assistant prosecutor to longevity pay to be included in the assistant prosecutor's monthly compensation under specified conditions. Requires the district attorney, criminal district attorney, or county attorney in the county in which the assistant prosecutor is employed to certify the eligibility of the assistant prosecutor to receive a longevity pay supplement under this subchapter. Sec. 43.203. AMOUNT. Establishes the monthly amount of longevity pay to be $20 for each year of lifetime service credit. Provides that the increase is effective beginning with the month following the month in which the fourth year of lifetime service credit is accrued. Prohibits an assistant prosecutor from receiving as longevity pay from the county more than $20 for each year of lifetime service credit, regardless of the number of positions the assistant prosecutor holds or the number of hours the assistant prosecutor works each week, or more than $5,000 annually. Sec. 43.204. LIMITATIONS ON LAW PRACTICE. Prohibits an assistant prosecutor who recieves longevity pay under this section from engaging in the private practice of law if, from all funds received, the assistant prosecutor receives a salary that is equal to or more than 80 percent of the salary paid by the state to a district judge. Authorizes an assistant prosecutor who becomes subject to this section to complete all civil cases that are not in conflict with the interest of any of the counties of the district in which the assistant prosecutor serves and that are pending in court before the assistant prosecutor exceeds the salary cap. Sec. 43.205. FUNDING. Requires the county to pay a longevity pay supplement under this chapter out of the county general fund. Prohibits the county from reducing the salary of the assistant prosecutor to offset the longevity pay supplement. Requires all counties an assistant prosecutor performs services for to apportion the longevity pay supplement according to the ratio a county's population bears to the total population of the counties in which the assistant prosecutor preforms services. Requires the state to reimburse a county for amounts expended for longevity pay supplements under this subchapter. Requires a county seeking reimbursement under this section to certify to the comptroller on a quarterly basis the amount of reimbursement that the county is entitled to receive. Requires the comptroller to issue a warrant to the county in the amount certified. Sec. 43.206. CHANGE IN STATUS. Provides that if an assistant prosecutor ceases being a full-time employee after the first workday of a month but otherwise qualifies for longevity pay, the assistant prosecutor's compensation for that month includes full longevity pay. Sec. 43.207. ACCRUAL OF LIFETIME SERVICE CREDIT. Provides that an assistant prosecutor accrues lifetime service credit for the period in which the assistant prosecutor serves as a full-time, part-time, or temporary assistant prosecutor. Provides that an assistant prosecutor who is on leave without pay for an entire calendar month does not accrue lifetime service credit for the month. Provides that an assistant prosecutor who simultaneously holds two or more positions that each accrue lifetime service credit accrues credit for only one of the positions. Provides that an assistant prosecutor who begins working on the first workday of a month in a position that accrues lifetime service credit is considered to have begun working on the first day of the month. SECTION 2. Effective date: January 1, 2000. SECTION 3. Emergency clause.