Attorney General Opinion JM-0428

JIM MAl-fOX Attorney General supreme COJrl Building P. 0. Box 12548 AWm, TX. 78711.2548 51214752501 Telex 910187C1387 TeIec~Pier 51214750288 714 Jackron, Suite 700 Dallas. TX. 75202-4508 214rI42a944 42.24 Alberta Ave.. Suite 160 El Paso, TX. 799052792 91515353484 1001 Texas. Sulle 700 Houston. TX. 77002.3111 71312215886 808 eroadway. suite 312 ,.ubl,ock, TX. 794013479 @Y&747-5238 4209 N. Tenth. Sulle S MCAllml. TX. 78501-1885 51218824547 200 MaIn Plaza. Sub 4w San Antonio. TX. 78X6-2797 512/2254191 An Equal OPPOftUnilYl AffirmaWe Action Employer The Attorney General of Texas ~trbruary 21. 1986 Eonorable Guy Rardin District Attorney P. 0. Box 1592 Psmpa, Texas 79065 Dear Mr. Eardin: Opinion No.JM-420 Rc: Expenditure of $27,650 allocated by the legislature for the benefit of ths district attomsy of the 31st and 223rd judicial districts You inquire &out the funding for the office you hold as district 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., provides that thl! 31st judicial district shall be composed of five counties, includj.og Gray County. Section 24.401 of the Government Code, formerly article 1996, section 3.050, V.T.C.S., establjshes the 223rd judicial district composed of Gray County. Your questic,n concerns the management of the $27,650 which the 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: 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 to hell1 defray the salaries and expenses of the office. That money may not be used to supplement the prosecutor’s salary. (b) Each prosecutor shall submit annually to the couptroller of public accounts a sworn account shoving how this money was spent during the year. [Porme~ly V.T.C.S. art. 332b-4, $41. 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 Ronorable Guy Pardin - Page i! (Jn-428) , 4 . 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. Commissioners Court, 560 See Broom v. Tvler County !;.,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) MARY KELLER Executive Assistant Attome:, General ROBERT GRAY Special Assistant Attorney General RICK GILPIN Chairman, Opinion Comittee Prepared by Susan L. Garriam Assistant Attorney General p. 1966