I

THE 

## ATTORNEY GENERAL OF TEXAS
January 20. 1987

Honorable Patrick 0. Bardy CriminalDistrictAttorney Room 201,Courthouse Woodville,Texas 75979 OpinionNo. JM-628
Re: Applicability of the Professional Prosecutors Act to funding for the criminaldistrictattorney of Tyler County DearMr. Bardy:
Your inquiry Is directed to theapplicabilityof AttorneyGeneral OpinionJM-428 (1986)in determining funding for the criminaldistrict attorneyof TylerCountyunder the ProfessionalProsecutorsAct.
In Attoruey General Opinion .JM-428we noted that section 46.006 of theGovernmentCode, theProfessionalProsecutorsAct, provides:

(b) The commissioners court in each county that has a prosecutor subject to this chapter shallprovide 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 criminaldistrict attorney for Tyler Countywas 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 provisionsof the ProfessionalProsecutorsAct. You conclude that the commissionerscourt of Tyler County is required to fundyour office in an amount that is equal to or greater than the amount of funds it provided the office on September 1, 1983. You premiseyour 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 commissionerscourt shallprovide funds that are equal to or greater than the amount of funds provided the office 0" the effectivedate of this act.

p. 2836Honorable 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, 1979referred to therein is a timeprior 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 Professional 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, theminimum amount is simply the amount "necessary to carry out thepurpose" of the Professional ProsecutorsAct.

JIM MATTOX AttorneyGeneral of Texas JACK HIGHTOWER FirstAsalstantAttorney General
MARY KFUER ExecutiveAssistautAttorney General
RICK GILPIN Chairman.Opinion Committee Prepared by Tom G.Davis AssistantAttorney General

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