Since the time Jeff Van Horn took on his commissioners court back in 1983-85 (690 S.W.2d 932), elected DA's have been hesitant to do much under Sec. 41.106(a) of the Government Code to actually "fix the salaries of [their] assistant prosecuting attorneys, investigators, secretaries, and other office personnel." Randall Sherrod made another attempt to argue what was essential for his office in 1991. (854 S.W.2d 914). While those opinions cite the budget-making authority of the Commissioners Court under Chapter 111 of the Local Government Code and the approval requirement in 41.106(a) as the basis for overriding the DA's wishes, the most specific authority about salaries is found in Sec. 152.011 of the Local Government Code. Yet, Subchapter B of Chapter 152 is specifically made non-applicable to "the district attorney's assistants, investigators, or other employees" by Sec. 152.017(3) of the Local Government Code. What is the purpose and meaning of that section? Anyone have any ideas? I know that the salaries of court reporters and county auditors are not considered to be subject to the decision-making of the commissioners (presumably because they are set after a public hearing held by the district judge and, in the case of the auditor, to supposedly maintain independence from the commissioners).

Admittedly, I know nothing about how district attorneys are paid. Is there a distinction to be made in the language that the section exempts district attorneys who are wholly state paid?