GOVERNMENT CODE
CHAPTER 46. PROFESSIONAL PROSECUTORS
§ 46.001. DEFINITIONS. In this chapter:
(1) "County prosecutor" means a constitutional county
attorney who does not have general felony jurisdiction and who is
not a state prosecutor.
(2) "Benchmark salary" means the salary that is
provided for a district judge in the General Appropriations Act.
(3) "State prosecutor" means a district attorney,
criminal district attorney, or county attorney performing the
duties of district attorney who serves in a district or county
listed in Section 46.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to all county prosecutors and to the following state
prosecutors:
Text of subd. (1) effective until January 1, 2005
(1) the district attorneys for the 1st, 2nd, 8th, 9th,
12th, 18th, 21st, 23rd, 26th, 27th, 29th, 31st, 32nd, 33rd, 34th,
35th, 36th, 38th, 43rd, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd,
64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th,
97th, 100th, 105th, 106th, 110th, 118th, 119th, 123rd, 142nd,
145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th, 229th,
235th, 253rd, 259th, 266th, 268th, 271st, 278th, 286th, 329th,
349th, and 355th judicial districts;
Text of subd. (1) effective January 1, 2005
(1) the district attorneys for the 1st, 2nd, 8th, 9th,
12th, 18th, 21st, 23rd, 25th, 26th, 27th, 29th, 31st, 32nd, 33rd,
34th, 35th, 36th, 38th, 42nd, 43rd, 47th, 49th, 50th, 51st, 52nd,
53rd, 63rd, 64th, 66th, 69th, 70th, 76th, 81st, 83rd, 84th, 85th,
88th, 90th, 97th, 100th, 105th, 106th, 110th, 118th, 119th, 123rd,
142nd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th, 220th,
229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st, 278th,
286th, 329th, 349th, and 355th judicial districts;
(2) the criminal district attorneys for the counties
of Anderson, Austin, Bastrop, Bexar, Bowie, Brazoria, Caldwell,
Calhoun, Cass, Collin, Comal, Dallas, Deaf Smith, Denton, Eastland,
Galveston, Grayson, Gregg, Harrison, Hays, Hidalgo, Jasper,
Jefferson, Kaufman, Lubbock, McLennan, Madison, Navarro, Newton,
Panola, Polk, Randall, Rockwall, San Jacinto, Smith, Tarrant,
Taylor, Tyler, Upshur, Van Zandt, Victoria, Walker, Waller,
Wichita, Wood, and Yoakum; and
(3) the county attorneys performing the duties of
district attorneys in the counties of Andrews, Callahan, Cameron,
Castro, Colorado, Crosby, Ellis, Falls, Fannin, Freestone, Lamar,
Lamb, Lampasas, Lee, Limestone, Marion, Milam, Morris, Ochiltree,
Orange, Rains, Red River, Robertson, Rusk, Terry, Webb, and
Willacy.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 148, § 2.64(a), eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 1045, § 1, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 1045, § 2, eff. Jan. 1, 1989; Acts 1989,
71st Leg., ch. 216, § 3, eff. Sept. 1, 1989; Acts 1989, 71st
Leg., ch. 373, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch.
811, § 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1099,
§ 4, eff. Jan. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 8,
§ 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 8.
§ 2, eff. Jan. 1, 1993; Acts 1991, 72nd Leg., 1st C.S., ch. 8,
§ 3, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 42, § 1,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 565, § 4, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 762, § 1, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 819, § 2, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 100, § 1, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 202, § 1, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 457, § 4, eff. Sept. 1, 1995; Acts 1995, 74th
Leg., ch. 704, § 27, eff. Jan. 1, 1995; Acts 1997, 75th Leg., ch.
378, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 412, §
3, eff. Sept 1, 1997; Acts 1997, 75th Leg., ch. 720, § 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 727, § 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 739, § 4, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 853, § 1, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1081, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1290, § 1, eff. June 20, 1997; Acts 1997, 75th
Leg., ch. 1352, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg.,
ch. 1448, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 674,
§ 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 989, § 1,
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1463, § 1, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 174, § 2, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 482, § 1, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 989, § 1, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 716, § 3, eff. Jan. 1, 2004; Acts 2003, 78th Leg.,
ch. 792, § 1, eff. Jan. 1, 2005; Acts 2003, 78th Leg., ch. 1256,
§ 1, eff. Jan. 1, 2005.
§ 46.003. COMPENSATION OF STATE PROSECUTORS. (a) Each
state prosecutor is entitled to receive from the state compensation
equal to the compensation that is provided for a district judge in
the General Appropriations Act.
(b) A commissioners court may supplement the state
prosecutor's state salary but may not pay the state prosecutor an
amount less than the compensation it pays its highest paid district
judge.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 1254, § 2, eff. Sept. 1, 1989; Acts
1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.0031. COMPENSATION OF COUNTY
PROSECUTORS. (a) Except as provided by Subsection (b), each
county that has a county prosecutor is entitled to receive from the
state supplemental salary compensation to be paid by the county to
the county prosecutor in an amount equal to the amount that is
one-half of the benchmark salary divided by the total number of
counties served by the state prosecutor, unless that formula would
result in an amount less than one-sixth of the benchmark salary, in
which case the county prosecutor is entitled to receive one-sixth
of the benchmark salary. A county with no county prosecutor is not
entitled to receive the salary supplement funds provided by this
section.
(b) For a county with more than one state prosecutor who
serves that county, the supplemental salary compensation for the
county prosecutor is computed by:
(1) determining the amount of compensation as provided
by Subsection (a) in relation to each state prosecutor as if that
state prosecutor is the only state prosecutor who serves the
county;
(2) adding the amounts of compensation determined
under Subdivision (1); and
(3) setting the amount of compensation at the lesser
of:
(A) the sum of those amounts; or
(B) one-half of the benchmark rate.
(c) If the receipt of compensation under this section causes
the gross salary of a county prosecutor to exceed the benchmark
salary, or if any amount of the compensation is waived by the
prosecutor, the excess or waived amount shall be used for expenses
of the county prosecutor's office.
(d) At least annually the comptroller shall pay to the
salary fund of each county that is entitled to receive funds under
this section an amount authorized under this section to supplement
the salary of the county prosecutor.
(e) A county attorney who does not have criminal prosecution
duties or who has criminal prosecution duties only upon request of
the district attorney is entitled to receive from the state
supplemental salary compensation that is equal to one-half the
amount the county attorney would be eligible for under Subsection
(a) or (b). The remainder of the supplement shall be used for
expenses of the county attorney's office. This subsection does not
apply to a county attorney who is responsible for the prosecution of
juvenile justice cases under Title 3, Family Code.
Added by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.004. EXPENSES. (a) Each state prosecutor is
entitled to receive not less than $22,500 a year from the state to
be used by the prosecutor to help defray the salaries and expenses
of the office. That money may not be used to supplement the
prosecutor's salary.
(b) Each state prosecutor shall submit annually to the
comptroller of public accounts a sworn account showing how this
money was spent during the year.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.005. LIMITATIONS ON LAW PRACTICE. (a) A state
prosecutor may not engage in the private practice of law but may
complete all civil cases that are not in conflict with the interest
of any of the counties of the district in which the prosecutor
serves and that are pending in court before the prosecutor takes
office.
(b) A state prosecutor may not accept a fee from an attorney
to whom the prosecutor has referred a case.
(c) This section applies to a county prosecutor and any
assistant of a prosecutor if, from all state and county funds
received, the county prosecutor or assistant receives a salary that
is equal to or more than 80 percent of the benchmark salary.
(d) This section does not apply to a county prosecutor who
files with the county auditor an annual written waiver of the amount
of compensation that is equal to or exceeds 80 percent of the
benchmark salary. An amount waived under this subsection shall be
used for expenses of the county prosecutor's office.
(e) This section does not apply to a county prosecutor who,
before September 1, 1999, was paid in excess of the benchmark salary
by the county in which the prosecutor serves.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.006. PURPOSE; DUTY OF COUNTY. (a) It is the
purpose of this chapter to increase the effectiveness of law
enforcement in this state and to increase the funds available for
use in prosecution at both the felony and misdemeanor levels.
(b) The commissioners court in each county that has a
prosecutor subject to this chapter may not reduce the county funds
provided for the salary or office of the prosecutor as a result of
the funds provided by this chapter.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
§ 46.007. INELIGIBILITY FOR CERTAIN OTHER STATE
FUNDS. Subchapter C, Chapter 41, does not apply to a county if the
county is served by a state prosecutor who serves in a district or
county listed in Section 46.002.
Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. Amended
by Acts 1999, 76th Leg., ch. 1570, § 1, eff. Sept. 1, 1999.
