Relating to the funding of, contracting with, and employment for law enforcement agencies in certain counties.

89(R) HB 1862 - House Committee Report version - Bill Text

89R23450 MP-D

By: Oliverson

H.B. No. 1862

Substitute the following for H.B. No. 1862:

By: Bell of Montgomery

C.S.H.B. No. 1862

A BILL TO BE ENTITLED

AN ACT

relating to the funding of, contracting with, and employment for

law enforcement agencies in certain counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 85, Local Government Code,

is amended by adding Section 85.025 to read as follows:

Sec.

85.025.

AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE

LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a)

In this section:

(1)

"Local government"

means a county, municipality,

municipal utility district, school district, junior college

district, or other political subdivision of this state.

(2)

"Property owners' association" has the meaning

assigned by Section 202.001, Property Code.

(b)

This section applies only to a county with a population

of more than 3.3 million.

(c)

A sheriff may enter into a contract with a local

government, a property owners' association, or an owner of land to

provide law enforcement services in the sheriff's county:

(1)

in and near the area managed or regulated by the

local government or the association or the area owned by the owner;

and

(2)

to the persons residing in or visiting an area

described by Subdivision (1).

(d)

The commissioners court of the sheriff's county may not

prohibit or otherwise restrict the sheriff from entering into a

contract under this section.

The sheriff may enter into the

contract and determine the terms of the contract, regardless of

whether the commissioners court approves of the contract or the

terms.

SECTION 2. Subchapter C, Chapter 86, Local Government Code,

is amended by adding Section 86.026 to read as follows:

Sec.

86.026.

AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE

LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a)

In this section:

(1)

"Local government"

means a county, municipality,

municipal utility district, school district, junior college

district, or other political subdivision of this state.

(2)

"Property owners' association" has the meaning

assigned by Section 202.001, Property Code.

(b)

This section applies only to a county with a population

of more than 3.3 million.

(c)

A constable may enter into a contract with a local

government, a property owners' association, or an owner of land to

provide law enforcement services in the constable's precinct:

(1)

in and near the area managed or regulated by the

local government or the association or the area owned by the owner;

and

(2)

to the persons residing in or visiting an area

described by Subdivision (1).

(d)

The commissioners court of a constable's county may not

prohibit or otherwise restrict the constable from entering into a

contract under this section.

The constable may enter into the

contract and determine the terms of the contract, regardless of

whether the commissioners court approves of the contract or the

terms.

SECTION 3. Section 120.002, Local Government Code, is

amended by adding Subsection (a-1) and amending Subsection (b) to

read as follows:

(a-1)

This subsection applies only to a county with a

population of more than 3.3 million.

A county shall hold an

election in accordance with this chapter if the county adopts a

budget or changes an adopted budget resulting in a budget for a

fiscal year that, compared to the budget adopted by the county for

the preceding fiscal year:

(1) has an effect described by Subsection (a);

(2)

reallocates unspent funding that was appropriated

to a law enforcement agency; or

(3)

reallocates funding previously appropriated for a

specific law enforcement position to another agency.

(b) A county may not implement a proposed reduction or

reallocation described by Subsection (a)
or (a-1)
until the county

receives voter approval for the proposed reduction or reallocation

at an election held for that purpose. The county may, at any time,

order the election to be held on the 30th day after the date the

county orders the election. Section 41.001, Election Code, does

not apply to an election under this subsection.

SECTION 4. Section 120.006(a), Local Government Code, is

amended to read as follows:

(a) A person who believes that a county has implemented a

proposed reduction or reallocation described by Section 120.002(a)

or (a-1)
without the required voter approval and who resides in the

county may file a complaint with the criminal justice division of

the office of the governor.

SECTION 5. Sections 120.007(a), (c), and (d), Local

Government Code, are amended to read as follows:

(a) On request by the criminal justice division of the

office of the governor, the comptroller shall determine whether a

county has implemented a proposed reduction or reallocation

described by Section 120.002(a)
or (a-1)
without the required voter

approval. The comptroller shall issue a written determination to

the governor, lieutenant governor, speaker of the house of

representatives, and governing body of the county.

(c) Notwithstanding any other law, if the comptroller

determines that a county implemented a proposed reduction or

reallocation described by Section 120.002(a)
or (a-1)
without the

required voter approval, the county may not adopt an ad valorem tax

rate that exceeds the county's no-new-revenue tax rate until the

earlier of:

(1) the date the comptroller issues a written

determination that the county has, as applicable:

(A) reversed each funding reduction, adjusted

for inflation, and personnel reduction that was a subject of the

determination; or

(B) restored all reallocated funding and

resources that were subjects of the determination to the original

law enforcement agency; or

(2) the date on which each reduction and reallocation

that was a subject of the determination has been approved in an

election held in accordance with this chapter.

(d) For purposes of making the calculation required under

Section 26.013, Tax Code, in a tax year the comptroller determines

that a county implemented a proposed reduction or reallocation

described by Section 120.002(a)
or (a-1)
without the required voter

approval, the difference between the actual tax rate and

voter-approval tax rate is considered to be zero.

SECTION 6. Subchapter Z, Chapter 130, Local Government

Code, is amended by adding Section 130.903 to read as follows:

Sec.

130.903.

REQUIREMENTS AND PROHIBITIONS RELATED TO

COUNTY LAW ENFORCEMENT IN CERTAIN COUNTIES.

(a)

This section

applies only to a county with a population of more than 3.3 million.

(b) A county may not:

(1)

transfer money appropriated to the office of

sheriff or constable to the county's general revenue fund or any

other county account; or

(2)

prohibit the office of sheriff or constable from

spending money appropriated to the office for any lawful purpose.

(c)

In relation to money received under a contract entered

into under Section 85.025 or 86.026, the commissioners court of the

sheriff's or constable's county:

(1)

shall credit the money to the office of the sheriff

or constable, as applicable, and may not credit the money to the

county's general revenue fund; and

(2)

may not reduce the appropriation to the office of

the sheriff or constable, as applicable, by the amount of the money

received because the money is considered for purposes of Section

120.002 as part of the office's appropriation for the county fiscal

year in which the money is received.

(d)

The county may not prohibit or otherwise restrict the

use of the money described by Subsection (b) by the sheriff or

constable, as applicable, for a lawful purpose, if the county

auditor or county treasurer determines that the money is available

to the office of the sheriff or constable, as applicable.

SECTION 7. Subchapter Z, Chapter 152, Local Government

Code, is amended by adding Section 152.908 to read as follows:

Sec.

152.908.

COMPENSATION PARITY FOR LAW ENFORCEMENT

AGENCIES IN CERTAIN COUNTIES.

(a)

This section applies only to a

county with a population of more than 3.3 million.

(b)

A county shall provide employees of the following law

enforcement agencies in the county in equivalent positions with

substantially similar compensation:

(1) the sheriff's office;

(2) each constable's office; and

(3)

any other law enforcement agency with a primary

responsibility to police and investigate criminal offenses and that

is primarily funded by the county.

SECTION 8. This Act takes effect September 1, 2025.