Office of House Bill AnalysisH.B. 3563
By: Luna, Vilma
Judicial Affairs


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. 


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 1.  Amends Chapter 43, Government Code, by adding Subchapter C, as


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

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.