The Attorney General of Texas
~trbruary 21. 1986
JIM MAl-fOX
Attorney General
supreme COJrl Building Eonorable Guy Rardin Opinion No.JM-420
P. 0. Box 12548 District Attorney
AWm, TX. 78711.2548 P. 0. Box 1592 Rc: Expenditure of $27,650 allocated
51214752501 Psmpa, Texas 79065 by the legislature for the benefit
Telex 910187C1387
of ths district attomsy of the 31st
TeIec~Pier 51214750288
and 223rd judicial districts
Dear Mr. Eardin:
714 Jackron, Suite 700
Dallas. TX. 75202-4508 You inquire &out the funding for the office you hold as district
214rI42a944
attorney for the ,J:ist and 223rd judicial districts. Section 24.133 of
the Government Code, formerly article 199, section 31, V.T.C.S.,
42.24 Alberta Ave.. Suite 160 provides that thl! 31st judicial district shall be composed of five
El Paso, TX. 799052792 counties, includj.og Gray County. Section 24.401 of the Government
91515353484 Code, formerly article 1996, section 3.050, V.T.C.S., establjshes the
223rd judicial district composed of Gray County.
1001 Texas. Sulle 700
Houston. TX. 77002.3111 Your questic,n concerns the management of the $27,650 which the
71312215886 state has allocate’i to your office for office expenses other than your
own salary. Chr.ptar 46 of the Government Code, the Professional
Prosecutors Act, p,rovides for this appropriation:
808 eroadway. suite 312
,.ubl,ock, TX. 794013479
@Y&747-5238 Sec. 46.004. EXPENSES. (a) Each prosecutor
is ent::tled to receive not less than $22,50@ a
year flea the state to be used by the prosecutor
4209 N. Tenth. Sulle S
to hell1 defray the salaries and expenses of the
MCAllml. TX. 78501-1885
51218824547
office. That money may not be used to supplement
the prosecutor’s salary.
200 MaIn Plaza. Sub 4w (b) Each prosecutor shall submit annually to
San Antonio. TX. 78X6-2797
the couptroller of public accounts a sworn account
512/2254191
shoving how this money was spent during the year.
[Porme~ly V.T.C.S. art. 332b-4, $41.
An Equal OPPOftUnilYl
AffirmaWe Action Employer The district attxcney for the 31st judicial district is entitled to
this sppropriat,Lon. Government Code 546.002(l). The current
Appropriations Act provides a maximum of $27.650 per district per year
in multi-county districts. Acts 1985, 69th Leg., ch. 980, art. IV, at
7722.
Pou state that the Gray County Commissioners Court has in effect
completely takea ,this amount away from your office when your budget
p. 1963
, 4
Ronorable Guy Pardin - Page i! (Jn-428)
.
was submitted. The court hnls established a procedure whereby the full
amount of $27,650 is deducted from your office budget and the five
counties comprising the 31st district allov tbe balance of your office
budget es their portion to ‘b’e paid for the expenses of the office.
The counties that cwprise the district are responsible for
paying the salaries of the district attornay’s staff and the expenses
of his office. Government Code 0141.106, 41.107. The Professional
Prosecutors Act provides the following:
(a) It is th’e purpose of this chapter to
increase the effectiveness of lav enforcement in
this state and tc Increase the funds available for
use in prosecutic’n.
(b) The connn:lssionere 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 ar.ount that 1~s equal to or greater than the
amount of funds provided for the office by the
county’ on August 27, 1979. This subsectjon does
not apply to 101~1 supplementation to the salary
of the prosecutor,.
Government Code 046.006. ‘This provision became effectfve on August
27, 1979. Acts 1979, 66th ‘Leg., ch. 705, at 1709 (codified as V.T.C.S.
art. 332b-4). The five counties in the 31st judicial district must
continue funding your offic’e in an amount at least equal to the amount
of funding each one prov1tie.d on that date. See Broom v. Tvler County
Commissioners Court, 560 !;.,W.2d 435 (Tsx. Civ. App. - Eeaumont 1977,
no writ); Attorney General Opinions E-572 (1975); E-39 (1973)
(applying provisions in article 3912k, V.T.C.S.. which prevents
commissioners court from rsettiog sslorias lower than they were on
effective date of statute). We do not know bov much funding each
county provided the distrfct attorney’s office in 1979; thus, we
cannot determine whether thefr present funding is sufficient.
Pou also state that for the past two years, each itea you have
submitted for payment to the various ccunties has been refused brceuse
you did not include it in your budget. This yesr, you put a contin-
gency item in your budgr:t which the commissioners court summarily
struck; thus you again will be unable to pay for unexpected office
expenses.
Attoruey General Opinion JP-70 (19S3) discusses the role of the
commissioners COUIX in adopting the budget for the county’ 6
p. 1964
Aoootable Guy Aardin - Pega; 3 (JM-428)
prosecuting office. It expressed the following opinion about the
state funds for the district: attorney’s office:
In our oplnlot~ the fuuds received by a district
attorney pursuenz to the Profeesionel Prosecutors
Act may be used in his sole discretion for the
putposes authorimrd under the statute and are not
subject to control by the commissioners court.
Section 4 of article 332b-4 states that tbe state
funds are payablo to the district attorney aud are
to be used by the district attorney. See Acts
1981, 67th Leg., Appropriations Act. Judiciary
Section - Comptroller’s Department, 19 (‘payments
shall be made dlkectly to district attorney’).
[See also Acts 1,985, 69th Leg., ch. 980, art. IV
at7722;J
Section 41.106 of thgr Government Code applies to budgeting for
county funds. The distric,t attorney prepares his budget and submits
it to the commissioners #court, subject to their veto. Attorney
General Opinions J?4-313 (1.985) ; R-922 (1977); E-908 (1976); R-656
(1975). In our opinion, the commissioners court my veto an item in
your proposed budget vhic’l allocates county funds to contingencies,
but it may not prevent you from using the state funds received under
chapter 46 of the Governmelt Code for contingencies.
SUMMARY
when a distrkt attorney receives state funds
for his office expenses under section 46.004 of
the Government ,:odc. the counties composing the
district must cqnitinue to provide funds for his
office in an amount at least equal to the amount
of funds provided for the office by the county on
the effective date of the act. Punds received
under this statut:e are not subject to appropria-
tion or control’by the commissioners court.
J I-M MATTOX
Attorney General of Texas
JACX HIGHTOWER
First Assistant Attorney General
p. 1965
Rouoreble Guy Bardin - Page 4 Uti-428)
MARYKELLER
Executive Assistant Attome:, General
ROBERTGRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Comittee
Prepared by Susan L. Garriam
Assistant Attorney General
p. 1966