81R395 CAE-F
By: Alonzo H.B. No. 199
A BILL TO BE ENTITLED
AN ACT
relating to longevity pay for assistant public defenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Government Code, is amended by adding
Subtitle K to read as follows:
SUBTITLE K. PUBLIC DEFENDERS
CHAPTER 120. LONGEVITY PAY FOR PUBLIC DEFENDERS
Sec. 120.001. DEFINITIONS. In this chapter:
(1) "Assistant public defender" means a licensed
attorney employed by a public defender to assist in providing legal
representation and services to indigent defendants.
(2) "Full-time employee" means an assistant public
defender who is normally scheduled to work at least 40 hours a week
as an assistant public defender.
(3) "Part-time employee" means an assistant public
defender who is not a full-time employee.
(4) "Public defender" has the meaning assigned by
Article 26.044(a), Code of Criminal Procedure.
Sec. 120.002. LONGEVITY PAY. (a) An assistant public
defender is entitled to longevity pay if the assistant public
defender:
(1) is a full-time employee of a public defender on the
last day of a state fiscal quarter;
(2) is not on leave without pay on the last day of a
state fiscal quarter; and
(3) has been employed by a public defender and accrued
employment credit of at least four years not later than the last day
of the month preceding the last month of a state fiscal quarter.
(b) The public defender who employs the assistant public
defender shall certify the eligibility of the assistant public
defender to receive a longevity pay supplement under this chapter.
Sec. 120.003. AMOUNT. (a) Except as provided by Section
120.005(e), the amount of longevity pay is $20 per month for each
year of employment.
(b) The increase is effective beginning with the month
following the month in which the fourth year of employment credit
accrues.
(c) An assistant public defender may not receive as
longevity pay under this chapter:
(1) more than $20 for each year of employment,
regardless of the number of positions the assistant public defender
holds or the number of hours the assistant public defender works
each week; or
(2) more than $5,000 annually.
Sec. 120.004. LIMITATIONS ON LAW PRACTICE. (a) An
assistant public defender who receives longevity pay under this
chapter may not engage in the private practice of law if, from all
funds received, the assistant public defender receives a salary
that is equal to or more than 80 percent of the salary paid by the
state to a district judge.
(b) An assistant public defender who becomes subject to this
section may complete all civil cases that are pending in court
before the assistant public defender exceeds the salary cap.
Sec. 120.005. FUNDING. (a) The public defender shall pay
a longevity pay supplement under this chapter to the extent the
public defender receives funds from the comptroller as provided by
Subsection (c).
(b) The public defender may not reduce the salary of the
assistant public defender to offset the longevity pay supplement.
(c) Not later than the 15th day after the start of each state
fiscal quarter, the public defender shall certify to the
comptroller the total amount of longevity pay supplement due to all
assistant public defenders employed by the public defender for the
preceding state fiscal quarter. The comptroller shall issue a
warrant to the public defender for the amount certified. The
comptroller shall issue a warrant to the public defender not later
than the 60th day after the first date of each state fiscal quarter.
(d) On the receipt of funds from the comptroller as provided
by Subsection (c), the public defender shall pay longevity
supplements to eligible assistant public defenders in the next
regularly scheduled salary payment or in a separate payment.
(e) A public defender is not required to pay longevity
supplements if the public defender does not receive funds from the
comptroller as provided by Subsection (c). If sufficient funds are
not available to meet the requests made by public defenders for
funds for payment of assistant public defenders qualified for
longevity supplements, the comptroller shall apportion the
available funds to the eligible public defenders by reducing the
amount payable to each public defender on an equal percentage
basis. A public defender that receives from the comptroller an
amount less than the amount certified by the public defender to the
comptroller under Subsection (c) shall apportion the funds received
by reducing the amount payable to eligible assistant public
defenders on an equal percentage basis, but is not required to use
public defender funds to make up any difference between the amount
certified and the amount received.
(f) If previous payments under this chapter have been
reduced for insufficient funds under Subsection (e), or if a public
defender submits the required information but not in a timely
manner as required by Subsection (c), the comptroller shall:
(1) make a payment of the balance when the funds are
available; or
(2) carry forward the balance owed to the public
defender and pay that amount to the public defender when the next
payment is required.
Sec. 120.006. CHANGE IN STATUS. If an assistant public
defender ceases being a full-time employee after the first workday
of a month but otherwise qualifies for longevity pay, the assistant
public defender's compensation for that month includes full
longevity pay.
Sec. 120.007. ACCRUAL OF EMPLOYMENT CREDIT. (a) An
assistant public defender accrues employment credit for the period
in which the assistant public defender serves as a full-time,
part-time, or temporary assistant public defender.
(b) An assistant public defender who is on leave without pay
for an entire calendar month does not accrue employment credit for
the month.
(c) An assistant public defender who simultaneously holds
two or more positions that each accrue employment credit accrues
credit for only one of the positions.
(d) An assistant public defender who begins working on the
first workday of a month in a position that accrues employment
credit is considered to have begun working on the first day of the
month.
Sec. 120.008. ASSISTANT PUBLIC DEFENDER SUPPLEMENT FUND.
(a) The assistant public defender supplement fund is created in
the state treasury.
(b) The comptroller shall pay supplements from the
assistant public defender supplement fund as provided by this
chapter. At the end of each fiscal year, any unexpended balance in
the fund in excess of $1.5 million may be transferred to the general
revenue fund.
SECTION 2. The heading to Section 41.258, Government Code,
is amended to read as follows:
Sec. 41.258. ASSISTANT PROSECUTOR SUPPLEMENT FUND,
ASSISTANT PUBLIC DEFENDER SUPPLEMENT FUND, AND FAIR DEFENSE
ACCOUNT.
SECTION 3. Section 41.258(i), Government Code, is amended
to read as follows:
(i) The comptroller shall deposit one-third [two-thirds] of
the funds received under this section in the assistant prosecutor
supplement fund, one-third of the funds received under this section
in the assistant public defender supplement fund, and one-third of
the funds received under this section to the fair defense
account. A county may not reduce the amount of funds provided for
indigent defense services in the county because of funds provided
under this subsection.
SECTION 4. (a) Section 103.027, Government Code, is
amended to conform to the amendments made to Section 103.022,
Government Code, by Chapter 36 (S.B. 844), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read
as follows:
Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
CODE. Fees and costs shall be paid or collected under the
Government Code as follows:
(1) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(2) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant [felony]
prosecutor supplement fund, assistant public defender fund, and the
fair defense account (Sec. 41.258, Government Code) . . . $15,
provided the cost does not exceed $30 for all bail bonds posted at
that time for an individual and the cost is not required on the
posting of a personal or cash bond;
(3) to participate in a court proceeding in this
state, a nonresident attorney fee for civil legal services to the
indigent (Sec. 82.0361, Government Code) . . . $250 except as
waived or reduced under supreme court rules for representing an
indigent person;
(4) on a party's appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency's rule, as a court cost (Sec. 2001.177, Government Code)
. . . as assessed by the court, all or part of the cost of
preparation;
(5) compensation to a referee in juvenile court in
Wichita County taxed as costs if the judge determines the parties
are able to pay the costs (Sec. 54.403, Government Code) . . . as
determined by the judge; and
(6) the expense of preserving the record as a court
cost in Brazos County if imposed on a party by the referring court
or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
(b) Section 103.022, Government Code, as amended by Chapter
36, Acts of the 80th Legislature, Regular Session, 2007, is
repealed. Section 103.022, Government Code, as reenacted and
amended by Chapter 921, Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect.
SECTION 5. The changes in law made by this Act apply to
employment credit accrued by eligible assistant public defenders
before, on, and after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2009.