I
THE ATTORNEY GENERAL
OF TEXAS
January 20. 1987
Honorable Patrick 0. Bardy Opinion No. JM-628
Criminal District Attorney
Room 201, Courthouse Re: Applicability of the Profes-
Woodville, Texas 75979 sional Prosecutors Act to funding
for the criminal district attorney
of Tyler County
Dear Mr. Bardy:
Your inquiry Is directed to the applicability of Attorney General
Opinion JM-428 (1986) in determining funding for the criminal district
attorney of Tyler County under the Professional Prosecutors Act.
In Attoruey General Opinion .JM-428we noted that section 46.006
of the Government Code, the Professional Prosecutors Act, provides:
(b) The commissioners court in each county
that has a prosecutor subject to this chapter
shall provide the funds necessary to carry out the
purpose of this chapter and shall continue to
provide funds for the office of the prosecutor in
an amount that is equal to or greater than the
amount of funds provided for the office by the
county on August 27, 1979. This subsection does
not apply to local supplementation to the salary
of the prosecutor.
The office of criminal district attorney for Tyler County was created
effective January 1, 1983, by Acts 1983, 68th Leg., ch. 979, PI. at
5324. You suggest that September 1, 1983, the effective date of the
act under which the office of criminal district attorney for Tyler
County was created, is the date the office became subject to the
provisions of the Professional Prosecutors Act. You conclude that the
commissioners court of Tyler County is required to fund your office in
an amount that is equal to or greater than the amount of funds it
provided the office on September 1, 1983. You premise your opinion on
language found in former article 332b-4, section 6, V.T.C.S. (now
section 46.006 of the Government Code, the Professional Prosecutors
Act) directing that a commissioners court shall provide funds that are
equal to or greater than the amount of funds provided the office 0"
the effective date of this act.
p. 2836
Honorable Patrick 0. Hardy - Page 2 (a-628)
The Professional Prosecutors Act was created, effective August
27, 1979, by Acts 1979, 66th Leg., ch. 705, at 1709. We are of the
opinion that this is the date referred to in former article 332b-4,
section 6. Upon the nonsubstantive repeal of article 332b-4. section
6, (Acts 1985, 69th Leg., ch. 480, $26(l). at 2048). it was codified
as section 46.006(b) of the Government Code, Professional Prosecutors
Act. Acts 1985, 69th Leg., ch. 480, at 1969. The date of August 27,
1979 referred to therein is a time prior to the creation of the office
of criminal district attorney for Tyler County by the Professional
Prosecutors Act. It follows that the minimum amount of funding for
your office by tha commissioners court cannot come within the
provision of section 46.006(b) of the Government Code, the Profes-
sional Prosecutors Act. Section 46.006(b), however, also provides
that the commissioners court bshall provide the funds necessary to
carry out the purpose of this chapter."
.SUMMARY
The office of criminal district attorney of
Tyler County is subject to section 46.006(b) of
the Government Code, the Professional Prosecutors
Act. Because the minimum amount the county must
provide to fund the office of criminal district
attorney of Tyler County cannot be determined as
of 1979, however, the minimum amount is simply the
amount "necessary to carry out the purpose" of the
Professional Prosecutors Act.
JIM MATTOX
Attorney General of Texas
JACK HIGHTOWER
First Asalstant Attorney General
MARY KFUER
Executive Assistaut Attorney General
RICK GILPIN
Chairman. Opinion Committee
Prepared by Tom G. Davis
Assistant Attorney General
p. 2837