Texas 2009 - 81st Regular

Texas House Bill HB199 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R395 CAE-F
2	2	By: Alonzo H.B. No. 199
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to longevity pay for assistant public defenders.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 2, Government Code, is amended by adding
10	10	Subtitle K to read as follows:
11	11	SUBTITLE K. PUBLIC DEFENDERS
12	12	CHAPTER 120. LONGEVITY PAY FOR PUBLIC DEFENDERS
13	13	Sec. 120.001. DEFINITIONS. In this chapter:
14	14	(1) "Assistant public defender" means a licensed
15	15	attorney employed by a public defender to assist in providing legal
16	16	representation and services to indigent defendants.
17	17	(2) "Full-time employee" means an assistant public
18	18	defender who is normally scheduled to work at least 40 hours a week
19	19	as an assistant public defender.
20	20	(3) "Part-time employee" means an assistant public
21	21	defender who is not a full-time employee.
22	22	(4) "Public defender" has the meaning assigned by
23	23	Article 26.044(a), Code of Criminal Procedure.
24	24	Sec. 120.002. LONGEVITY PAY. (a) An assistant public
25	25	defender is entitled to longevity pay if the assistant public
26	26	defender:
27	27	(1) is a full-time employee of a public defender on the
28	28	last day of a state fiscal quarter;
29	29	(2) is not on leave without pay on the last day of a
30	30	state fiscal quarter; and
31	31	(3) has been employed by a public defender and accrued
32	32	employment credit of at least four years not later than the last day
33	33	of the month preceding the last month of a state fiscal quarter.
34	34	(b) The public defender who employs the assistant public
35	35	defender shall certify the eligibility of the assistant public
36	36	defender to receive a longevity pay supplement under this chapter.
37	37	Sec. 120.003. AMOUNT. (a) Except as provided by Section
38	38	120.005(e), the amount of longevity pay is $20 per month for each
39	39	year of employment.
40	40	(b) The increase is effective beginning with the month
41	41	following the month in which the fourth year of employment credit
42	42	accrues.
43	43	(c) An assistant public defender may not receive as
44	44	longevity pay under this chapter:
45	45	(1) more than $20 for each year of employment,
46	46	regardless of the number of positions the assistant public defender
47	47	holds or the number of hours the assistant public defender works
48	48	each week; or
49	49	(2) more than $5,000 annually.
50	50	Sec. 120.004. LIMITATIONS ON LAW PRACTICE. (a) An
51	51	assistant public defender who receives longevity pay under this
52	52	chapter may not engage in the private practice of law if, from all
53	53	funds received, the assistant public defender receives a salary
54	54	that is equal to or more than 80 percent of the salary paid by the
55	55	state to a district judge.
56	56	(b) An assistant public defender who becomes subject to this
57	57	section may complete all civil cases that are pending in court
58	58	before the assistant public defender exceeds the salary cap.
59	59	Sec. 120.005. FUNDING. (a) The public defender shall pay
60	60	a longevity pay supplement under this chapter to the extent the
61	61	public defender receives funds from the comptroller as provided by
62	62	Subsection (c).
63	63	(b) The public defender may not reduce the salary of the
64	64	assistant public defender to offset the longevity pay supplement.
65	65	(c) Not later than the 15th day after the start of each state
66	66	fiscal quarter, the public defender shall certify to the
67	67	comptroller the total amount of longevity pay supplement due to all
68	68	assistant public defenders employed by the public defender for the
69	69	preceding state fiscal quarter. The comptroller shall issue a
70	70	warrant to the public defender for the amount certified. The
71	71	comptroller shall issue a warrant to the public defender not later
72	72	than the 60th day after the first date of each state fiscal quarter.
73	73	(d) On the receipt of funds from the comptroller as provided
74	74	by Subsection (c), the public defender shall pay longevity
75	75	supplements to eligible assistant public defenders in the next
76	76	regularly scheduled salary payment or in a separate payment.
77	77	(e) A public defender is not required to pay longevity
78	78	supplements if the public defender does not receive funds from the
79	79	comptroller as provided by Subsection (c). If sufficient funds are
80	80	not available to meet the requests made by public defenders for
81	81	funds for payment of assistant public defenders qualified for
82	82	longevity supplements, the comptroller shall apportion the
83	83	available funds to the eligible public defenders by reducing the
84	84	amount payable to each public defender on an equal percentage
85	85	basis. A public defender that receives from the comptroller an
86	86	amount less than the amount certified by the public defender to the
87	87	comptroller under Subsection (c) shall apportion the funds received
88	88	by reducing the amount payable to eligible assistant public
89	89	defenders on an equal percentage basis, but is not required to use
90	90	public defender funds to make up any difference between the amount
91	91	certified and the amount received.
92	92	(f) If previous payments under this chapter have been
93	93	reduced for insufficient funds under Subsection (e), or if a public
94	94	defender submits the required information but not in a timely
95	95	manner as required by Subsection (c), the comptroller shall:
96	96	(1) make a payment of the balance when the funds are
97	97	available; or
98	98	(2) carry forward the balance owed to the public
99	99	defender and pay that amount to the public defender when the next
100	100	payment is required.
101	101	Sec. 120.006. CHANGE IN STATUS. If an assistant public
102	102	defender ceases being a full-time employee after the first workday
103	103	of a month but otherwise qualifies for longevity pay, the assistant
104	104	public defender's compensation for that month includes full
105	105	longevity pay.
106	106	Sec. 120.007. ACCRUAL OF EMPLOYMENT CREDIT. (a) An
107	107	assistant public defender accrues employment credit for the period
108	108	in which the assistant public defender serves as a full-time,
109	109	part-time, or temporary assistant public defender.
110	110	(b) An assistant public defender who is on leave without pay
111	111	for an entire calendar month does not accrue employment credit for
112	112	the month.
113	113	(c) An assistant public defender who simultaneously holds
114	114	two or more positions that each accrue employment credit accrues
115	115	credit for only one of the positions.
116	116	(d) An assistant public defender who begins working on the
117	117	first workday of a month in a position that accrues employment
118	118	credit is considered to have begun working on the first day of the
119	119	month.
120	120	Sec. 120.008. ASSISTANT PUBLIC DEFENDER SUPPLEMENT FUND.
121	121	(a) The assistant public defender supplement fund is created in
122	122	the state treasury.
123	123	(b) The comptroller shall pay supplements from the
124	124	assistant public defender supplement fund as provided by this
125	125	chapter. At the end of each fiscal year, any unexpended balance in
126	126	the fund in excess of $1.5 million may be transferred to the general
127	127	revenue fund.
128	128	SECTION 2. The heading to Section 41.258, Government Code,
129	129	is amended to read as follows:
130	130	Sec. 41.258. ASSISTANT PROSECUTOR SUPPLEMENT FUND,
131	131	ASSISTANT PUBLIC DEFENDER SUPPLEMENT FUND, AND FAIR DEFENSE
132	132	ACCOUNT.
133	133	SECTION 3. Section 41.258(i), Government Code, is amended
134	134	to read as follows:
135	135	(i) The comptroller shall deposit one-third [two-thirds] of
136	136	the funds received under this section in the assistant prosecutor
137	137	supplement fund, one-third of the funds received under this section
138	138	in the assistant public defender supplement fund, and one-third of
139	139	the funds received under this section to the fair defense
140	140	account. A county may not reduce the amount of funds provided for
141	141	indigent defense services in the county because of funds provided
142	142	under this subsection.
143	143	SECTION 4. (a) Section 103.027, Government Code, is
144	144	amended to conform to the amendments made to Section 103.022,
145	145	Government Code, by Chapter 36 (S.B. 844), Acts of the 80th
146	146	Legislature, Regular Session, 2007, and is further amended to read
147	147	as follows:
148	148	Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
149	149	CODE. Fees and costs shall be paid or collected under the
150	150	Government Code as follows:
151	151	(1) filing a certified copy of a judicial finding of
152	152	fact and conclusion of law if charged by the secretary of state
153	153	(Sec. 51.905, Government Code) . . . $15;
154	154	(2) cost paid by each surety posting the bail bond for
155	155	an offense other than a misdemeanor punishable by fine only under
156	156	Chapter 17, Code of Criminal Procedure, for the assistant [felony]
157	157	prosecutor supplement fund, assistant public defender fund, and the
158	158	fair defense account (Sec. 41.258, Government Code) . . . $15,
159	159	provided the cost does not exceed $30 for all bail bonds posted at
160	160	that time for an individual and the cost is not required on the
161	161	posting of a personal or cash bond;
162	162	(3) to participate in a court proceeding in this
163	163	state, a nonresident attorney fee for civil legal services to the
164	164	indigent (Sec. 82.0361, Government Code) . . . $250 except as
165	165	waived or reduced under supreme court rules for representing an
166	166	indigent person;
167	167	(4) on a party's appeal of a final decision in a
168	168	contested case, the cost of preparing the original or a certified
169	169	copy of the record of the agency proceeding, if required by the
170	170	agency's rule, as a court cost (Sec. 2001.177, Government Code)
171	171	. . . as assessed by the court, all or part of the cost of
172	172	preparation;
173	173	(5) compensation to a referee in juvenile court in
174	174	Wichita County taxed as costs if the judge determines the parties
175	175	are able to pay the costs (Sec. 54.403, Government Code) . . . as
176	176	determined by the judge; and
177	177	(6) the expense of preserving the record as a court
178	178	cost in Brazos County if imposed on a party by the referring court
179	179	or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
180	180	(b) Section 103.022, Government Code, as amended by Chapter
181	181	36, Acts of the 80th Legislature, Regular Session, 2007, is
182	182	repealed. Section 103.022, Government Code, as reenacted and
183	183	amended by Chapter 921, Acts of the 80th Legislature, Regular
184	184	Session, 2007, to reorganize and renumber that section, continues
185	185	in effect.
186	186	SECTION 5. The changes in law made by this Act apply to
187	187	employment credit accrued by eligible assistant public defenders
188	188	before, on, and after the effective date of this Act.
189	189	SECTION 6. This Act takes effect September 1, 2009.