CHAPTER 46. PROFESSIONAL PROSECUTORS
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
SUBTITLE C. PROSECUTING ATTORNEYS
CHAPTER 46. PROFESSIONAL PROSECUTORS
Sec. 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.
(4) "State prosecuting attorney" means the state prosecuting
attorney appointed under Chapter 42.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
150, Sec. 1, eff. September 1, 2007.
Sec. 46.002. PROSECUTORS SUBJECT TO CHAPTER. This chapter
applies to the state prosecuting attorney, all county
prosecutors, and the following state prosecutors:
(1) the district attorneys for Kenedy and Kleberg Counties and
for the 1st, 2nd, 8th, 9th, 12th, 18th, 21st, 23rd, 25th, 26th,
27th, 29th, 31st, 32nd, 33rd, 34th, 35th, 36th, 38th, 39th, 42nd,
43rd, 46th, 47th, 49th, 50th, 51st, 52nd, 53rd, 63rd, 64th, 66th,
69th, 70th, 76th, 81st, 83rd, 84th, 85th, 88th, 90th, 97th,
100th, 105th, 106th, 109th, 110th, 112th, 118th, 119th, 123rd,
142nd, 143rd, 145th, 156th, 159th, 173rd, 196th, 198th, 216th,
220th, 229th, 235th, 253rd, 258th, 259th, 266th, 268th, 271st,
286th, 329th, 344th, 349th, 355th, and 506th 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, Fannin, 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, Freestone, Lamar, Lamb, Lampasas,
Lee, Limestone, Marion, Milam, Morris, Ochiltree, Orange, Rains,
Red River, Robertson, Rusk, Swisher, Terry, Webb, and Willacy.
Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 148, Sec. 2.64(a), eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1045, Sec. 1, eff. Sept.
1, 1987; Acts 1987, 70th Leg., ch. 1045, Sec. 2, eff. Jan. 1,
1989; Acts 1989, 71st Leg., ch. 216, Sec. 3, eff. Sept. 1, 1989;
Acts 1989, 71st Leg., ch. 373, Sec. 1, eff. Sept. 1, 1989; Acts
1989, 71st Leg., ch. 811, Sec. 1, eff. Sept. 1, 1989; Acts 1989,
71st Leg., ch. 1099, Sec. 4, eff. Jan. 1, 1991; Acts 1991, 72nd
Leg., 1st C.S., ch. 8, Sec. 1, eff. Sept. 1, 1991; Acts 1991,
72nd Leg., 1st C.S., ch. 8. Sec. 2, eff. Jan. 1, 1993; Acts 1991,
72nd Leg., 1st C.S., ch. 8, Sec. 3, eff. Sept. 1, 1993; Acts
1993, 73rd Leg., ch. 42, Sec. 1, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 565, Sec. 4, eff. Sept. 1, 1993; Acts 1993, 73rd
Leg., ch. 762, Sec. 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg.,
ch. 819, Sec. 2, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
100, Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 202,
Sec. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 457, Sec.
4, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 704, Sec. 27,
eff. Jan. 1, 1995; Acts 1997, 75th Leg., ch. 378, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 412, Sec. 3, eff. Sept
1, 1997; Acts 1997, 75th Leg., ch. 720, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 727, Sec. 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 739, Sec. 4, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 853, Sec. 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1081, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1290, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg.,
ch. 1352, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1448, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 674,
Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 989, Sec.
1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1463, Sec. 1,
eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 174, Sec. 2, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 482, Sec. 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 989, Sec. 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 716, Sec. 3, eff. Jan. 1, 2004; Acts
2003, 78th Leg., ch. 792, Sec. 1, eff. Jan. 1, 2005; Acts 2003,
78th Leg., ch. 1256, Sec. 1, eff. Jan. 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch.
80, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
734, Sec. 3, eff. January 1, 2009.
Acts 2007, 80th Leg., R.S., Ch.
77, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
77, Sec. 2, eff. January 1, 2009.
Acts 2007, 80th Leg., R.S., Ch.
150, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
150, Sec. 3, eff. January 1, 2009.
Acts 2007, 80th Leg., R.S., Ch.
277, Sec. 3, eff. January 1, 2009.
Acts 2007, 80th Leg., R.S., Ch.
318, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
318, Sec. 2, eff. January 1, 2009.
Acts 2007, 80th Leg., R.S., Ch.
554, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
554, Sec. 2, eff. January 1, 2009.
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 16, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 17, eff. September 1, 2008.
Acts 2007, 80th Leg., R.S., Ch.
1342, Sec. 18, eff. January 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
787, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 16(c), eff. September 1, 2009.
Sec. 46.003. COMPENSATION OF STATE PROSECUTORS. (a) The state
prosecuting attorney and 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 1254, Sec. 2, eff. Sept. 1,
1989; Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
150, Sec. 4, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1999.
Sec. 46.004. EXPENSES. (a) The state prosecuting attorney and
each state prosecutor is entitled to receive not less than
$22,500 a year from the state to be used by the attorney or
prosecutor to help defray the salaries and expenses of the
office. That money may not be used to supplement the attorney's
or prosecutor's salary.
(b) The state prosecuting attorney and 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
150, Sec. 5, eff. September 1, 2007.
Sec. 46.005. LIMITATIONS ON LAW PRACTICE. (a) The state
prosecuting attorney or 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 attorney or prosecutor serves and that are
pending in court before the attorney or prosecutor takes office.
(b) The state prosecuting attorney or a state prosecutor may not
accept a fee from an attorney to whom the state prosecuting
attorney or state 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1,
1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
150, Sec. 6, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1,
1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1570, Sec. 1, eff. Sept. 1,
1999.