HBA-JLV, EDN H.B. 178 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 178
By: Luna, Vilma
Judicial Affairs
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

In the State of Texas there are approximately 1,600 assistant district
attorneys, assistant criminal district attorneys, and assistant county and
district attorneys.  Many of these prosecutors have more than four years
experience in this field.  Although these assistant prosecutors are largely
responsible for the enforcement of the state's felony criminal laws in
Texas courts, their salaries are paid largely by individual counties.  The
salaries for experienced prosecutors have failed to keep pace with the
salaries available in the private sector for experienced attorneys.  House
Bill 178 provides state longevity pay for certain assistant felony
prosecutors who have accrued at least four years of lifetime service
credit. 

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. 

ANALYSIS

House Bill 178 amends the Government Code to entitle an assistant
prosecutor to longevity pay to be included in the assistant prosecutor's
monthly compensation if the assistant prosecutor is a full-time employee on
the first workday of the month, is not on leave without pay on the first
workday of the month, and has accrued at least four years of lifetime
service credit not later than the last day of the preceding month.  The
bill 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.

The bill provides monthly longevity pay of $20 for each year of lifetime
service credit, and the increase begins with the month following the month
in which the fourth year of lifetime service credit is accrued.  The bill
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.   

The bill prohibits an assistant prosecutor who receives longevity pay from
engaging in the private practice of law if, from all funds received, the
assistant prosecutor receives a salary equal to or more than 80 percent of
the salary paid by the state to a district judge.  However, the bill does
authorize an assistant prosecutor 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.      

The bill requires the county to pay a longevity pay supplement out of the
county general fund and  prohibits the county from reducing the salary of
the assistant prosecutor to offset the longevity pay supplement.  The bill
sets forth provisions regarding an assistant prosecutor who performs
services for more than one county. The bill also requires the state to
reimburse a county for amounts expended for longevity pay supplements, and
requires a county seeking reimbursement to certify to the comptroller on a
quarterly basis the amount of reimbursement that the county is entitled to
receive.  The comptroller is required to issue a warrant to  the county in
the amount certified.  In addition, the bill sets forth provisions
regarding the accrual of lifetime service credit and changes in employment
status.  
 
EFFECTIVE DATE

January 1, 2002.