Texas Government Code 46.003 – Compensation of State Prosecutors
(a) The state prosecuting attorney and each state prosecutor is entitled to receive from the state:
(1) a salary in an amount equal to the state annual salary as set by the General Appropriations Act in accordance with § 659.012 paid to a district judge with comparable years of service as the state prosecuting attorney or state prosecutor; and
(2) a monthly amount of longevity pay based on the state prosecuting attorney’s or state prosecutor’s years of service that would be paid to the state prosecuting attorney or state prosecutor under § 659.0445 if the state prosecuting attorney or state prosecutor were a judge or justice described by § 659.0445(a).
(a-1) For purposes of this section, the years of service of the state prosecuting attorney or a state prosecutor include any years of service as:
(1) a county attorney; or
(2) an appellate court justice, district judge, judge of a statutory county court, judge of a multicounty statutory county court, or judge or justice of a statutory probate court.
Terms Used In Texas Government Code 46.003
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Probate: Proving a will
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Year: means 12 consecutive months. See Texas Government Code 311.005
(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.
(c) Notwithstanding Subsection (a), if the amount of a state prosecutor’s total annual salary from state and county sources exceeds the amount of the maximum combined base salary from all state and county sources provided by § 659.012 for a district judge with comparable years of service as the state prosecutor, the comptroller shall reduce the state prosecutor’s state annual salary by the amount equal to the excess amount, except that the comptroller may not reduce the state prosecutor’s state annual salary to an amount that is less than the state base salary paid to a district judge as set by the General Appropriations Act in accordance with § 659.012(a).
(d) The comptroller shall calculate the amount of the state annual salary to be paid to a state prosecutor under this section for a state fiscal year based on sworn statements the state prosecutor files annually with the comptroller at the time and in the manner the comptroller requires that specify the amount of county compensation to be paid to the state prosecutor for that year.