Tex. Gov't Code Section 41.255
Funding


(a)

The county shall pay a longevity pay supplement under this subchapter to the extent the county receives funds from the comptroller as provided by Subsection (d).

(b)

The county may not reduce the salary of the assistant prosecutor to offset the longevity pay supplement.

(c)

If an assistant prosecutor performs services for more than one county, the counties shall apportion the longevity pay supplement according to the ratio a county’s population bears to the total population of the counties in which the assistant prosecutor performs services.

(d)

Not later than the 15th day after the start of each state fiscal quarter, the county shall certify to the comptroller the total amount of longevity pay supplement due to all assistant prosecutors in the county for the preceding state fiscal quarter. The comptroller shall issue a warrant to the county for the amount certified. The comptroller shall issue warrants to the counties not later than the 60th day after the first date of each state fiscal quarter.

(e)

On the receipt of funds from the comptroller as provided by Subsection (d), the county shall pay longevity supplements to eligible assistant prosecutors in the next regularly scheduled salary payment or in a separate payment.

(f)

A county is not required to pay longevity supplements if the county does not receive funds from the comptroller as provided by Subsection (d). If sufficient funds are not available to meet the requests made by counties for funds for payment of assistant prosecutors qualified for longevity supplements:

(1)

the comptroller shall apportion the available funds to the eligible counties by reducing the amount payable to each county on an equal percentage basis;

(2)

a county is not entitled to receive the balance of the funds at a later date; and

(3)

the longevity pay program under this chapter is suspended to the extent of the insufficiency.

(g)

Repealed by Acts 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 38.02, eff. September 28, 2011.
Added by Acts 2001, 77th Leg., ch. 378, Sec. 1, eff. Jan. 1, 2002. Amended by Acts 2003, 78th Leg., ch. 1083, Sec. 3, eff. Dec. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 38.01, eff. September 28, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 38.02, eff. September 28, 2011.

Source: Section 41.255 — Funding, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­41.­htm#41.­255 (accessed Jun. 5, 2024).

41.001
Qualifications
41.002
Notification of Address
41.003
Admission by Prosecutor
41.004
Acceptance of Reward
41.005
Collection of Money
41.006
Report to Attorney General
41.007
Opinions to County and Precinct Officials
41.008
Record
41.009
Prosecution of Officers Entrusted with Public Funds
41.010
Appointment of Initial District or Criminal District Attorney
41.011
Private Practice in County or District Office
41.012
Liability Insurance
41.013
Compensation of Certain Prosecutors
41.014
Pro Bono Legal Services
41.015
Call to Active Duty Not Vacancy or Absence
41.101
Definition
41.102
Employment of Assistants and Personnel
41.103
Assistant Prosecuting Attorneys
41.104
Bond
41.105
Removal
41.106
Compensation
41.107
Equipment and Supplies
41.108
Gifts and Grants
41.109
Authority of Investigator
41.110
Training Related to Family Violence
41.111
Training Related to Prosecuting Attorney’s Duty to Disclose Exculpatory and Mitigating Evidence
41.201
Eligible Counties
41.202
Transfer by Comptroller
41.203
Amount of Transfer
41.204
Apportionment by Commissioners Court
41.251
Definitions
41.252
Longevity Pay
41.253
Amount
41.254
Limitations on Law Practice
41.255
Funding
41.256
Change in Status
41.257
Accrual of Lifetime Service Credit
41.258
Assistant Prosecutor Supplement Fund and Fair Defense Account
41.301
Definitions
41.302
General Function of Special Prosecution Unit
41.303
Board of Directors
41.304
Executive Board
41.305
Officers
41.306
Membership on Board of Directors or Executive Board Not a Civil Office of Emolument
41.307
Reimbursement for Expenses
41.308
Chief of Special Prosecution Unit
41.309
Election of Counsellor
41.310
Duties of Counsellor
41.351
Definitions
41.352
Payment for Extraordinary Costs of Prosecution

Accessed:
Jun. 5, 2024

§ 41.255’s source at texas​.gov