CHAPTER 46. PROFESSIONAL PROSECUTORS

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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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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