HB 4266

Overall Vote Recommendation
Neutral
Principle Criteria
neutral
Free Enterprise
neutral
Property Rights
neutral
Personal Responsibility
negative
Limited Government
neutral
Individual Liberty
Digest
HB 4266 amends Chapter 46 of the Texas Government Code to add the Fayette County Attorney to the list of prosecutors covered by the state's professional prosecutors law. Specifically, the bill updates Section 46.002 of the Government Code by including the county attorney of Fayette County among those county attorneys who perform the duties of a district attorney and are therefore subject to the provisions of Chapter 46.

By bringing the Fayette County Attorney under the professional prosecutors law, the bill extends to that office the statutory framework that governs full-time professional prosecutors in Texas. Chapter 46 establishes eligibility for compensation and benefits applicable to covered prosecutors and generally requires those officials to devote their full professional efforts to the duties of their office rather than maintaining a private law practice. The bill does not otherwise alter the duties, jurisdiction, or prosecutorial authority of the Fayette County Attorney; it simply expands the list of offices covered by the existing law.
Author (1)
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 4266 would have a negative fiscal impact of $117,756 to General Revenue for the 2026–27 biennium. Although the bill does not appropriate funds, it would provide the statutory authority for the Legislature to appropriate the funding necessary to implement its provisions.

The fiscal impact results from adding the Fayette County Attorney to the Professional Prosecutors Act (PPA), which entitles the officeholder to the same compensation structure as other prosecutors covered under the Act. Under current law, the Fayette County Attorney receives 80 percent of a district judge's salary ($112,000 annually). The bill would increase that salary to $140,000 annually, matching the salary of a district judge with comparable tenure. In addition, prosecutors covered by the PPA receive $22,500 per year for professional expenses, and the state would incur approximately $8,378 annually in associated payroll and benefit costs. Together, these changes produce an estimated annual General Revenue cost of $58,878, which is expected to continue each year through at least fiscal year 2030.

The LBB also concludes that the bill would have no significant fiscal implication for units of local government, indicating that the financial effects are expected to be borne primarily by the state rather than by Fayette County or other local entities.

Vote Recommendation Notes

HB 4266 is a narrowly focused measure that extends the Professional Prosecutors Act to the Fayette County Attorney, an office that already performs the duties of a district attorney. The bill does not create a new government program, expand prosecutorial authority, establish additional rulemaking authority, or otherwise alter the substantive responsibilities of the office. Instead, it applies an existing statutory framework to a single county attorney to provide compensation parity with similarly situated prosecutors.

According to the LBB, the bill would result in a recurring General Revenue cost of approximately $58,878 annually to fund increased salary, benefits, and the expense allowance provided under the Professional Prosecutors Act. While this represents an ongoing state expenditure, the fiscal impact is limited in scope and does not create a significant burden on taxpayers or local governments. The LBB further concludes that the bill would have no significant fiscal implication for units of local government.

Overall, the bill has a neutral impact from a liberty perspective. It does not materially increase the size or scope of government, impose new regulatory requirements on individuals or businesses, or affect private property rights or individual liberties. Although it modestly increases state spending, it does so by extending an existing compensation structure rather than expanding government authority or regulatory reach. As a result, the legislation is best characterized as a limited administrative adjustment with neutral implications for the liberty principles, and Texas Policy Research remains NEUTRAL on HB 4266.

  • Individual Liberty: The bill does not create new criminal offenses, expand law enforcement authority, impose new mandates on individuals, or otherwise affect the rights or freedoms of the general public. Its primary effect is to change the compensation and employment status of a single elected county attorney under an existing statutory framework.
  • Personal Responsibility: The bill does not alter individual incentives, create public assistance programs, or shift responsibility between individuals and the state. It simply extends the Professional Prosecutors Act to the Fayette County Attorney, requiring that officeholder to comply with the Act's prohibition on the private practice of law in exchange for increased state compensation.
  • Free Enterprise: The bill does not regulate private businesses, affect competition, impose new licensing requirements, or otherwise interfere with market activity. Although it prohibits the Fayette County Attorney from engaging in the private practice of law, that restriction already applies to similarly situated prosecutors under the Professional Prosecutors Act and is limited to the officeholder rather than the legal marketplace as a whole.
  • Private Property Rights: The bill does not affect the ownership, use, transfer, or regulation of private property. It contains no provisions related to eminent domain, land use, or property rights.
  • Limited Government: The bill modestly expands the state's ongoing financial obligations by extending the Professional Prosecutors Act's compensation and expense provisions to an additional elected official. According to the LBB, the measure would increase General Revenue expenditures by approximately $58,878 annually, representing a recurring taxpayer cost. However, the bill does not create a new agency, program, or regulatory authority, nor does it expand the powers of government. As a result, the impact on limited government is slightly negative, reflecting increased state spending rather than a meaningful expansion of governmental scope or authority.
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