I 

THE ATTORNEY GENERAL 

OF TEXAS 

January 20. 1987 

Honorable Patrick 0. Bardy 

Criminal District Attorney 

Room 201, Courthouse 

Woodville, Texas 75979 

Opinion No. JM-628 

Re: Applicability of the Professional 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-428 we 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 Professional Prosecutors Act. Section 46.006(b), however, also provides 

that the commissioners court b shall 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