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89(R) HB 318 - Engrossed version - Bill Text
By: Guillen, Morales of Maverick, et al.
H.B. No. 318
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of grant programs to provide
financial assistance to qualified sheriff's departments in certain
rural counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 130, Local Government
Code, is amended by adding Section 130.9115 to read as follows:
Sec.
130.9115.
RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF GRANT
PROGRAM. (a) In this section:
(1)
"Deputy-to-resident ratio" means the ratio of the
number of deputy sheriffs to the number of residents of the
unincorporated areas of the county, as determined by the population
estimates provided by the state demographer under Section 468.004,
Government Code.
(2)
"Grant" means a grant authorized to be awarded by
the comptroller under the rural sheriff's deputy shortage relief
grant program established by this section.
(3)
"Investigative tool" means equipment, including
software, used by a sheriff's office that is necessary for the
investigation of cases.
The term does not include services unless
the services are purchased in connection with the purchase of
tangible equipment.
(4)
"Investigator-to-patrol ratio" means the ratio of
the number of deputy sheriffs who primarily conduct case
investigations in the routine performance of the deputy's duties to
the number of deputy sheriffs who primarily make motor vehicle
stops in the routine performance of the deputy's duties.
(5) "Qualified county" means a county:
(A) with a population of 300,000 or less; and
(B) for which on January 1, 2025:
(i)
the deputy-to-resident ratio is less
than 15 to 10,000; or
(ii)
the investigator-to-patrol ratio is
less than one to five.
(6)
"Qualified deputy position" means a deputy sheriff
position in a qualified county that:
(A)
is held or will be held by a deputy sheriff
who primarily makes motor vehicle stops in the routine performance
of the deputy's duties;
(B)
is in addition to a deputy sheriff position
held in the county on January 1, 2025;
(C)
is not considered a qualified investigator
position; and
(D)
when aggregated with each other qualified
deputy position would result in a deputy-to-resident ratio of 15 to
10,000, determined as of January 1, 2025.
(7)
"Qualified emergency dispatcher" means a person
who primarily provides communication support services for a
sheriff's office by responding to requests for assistance in
emergencies.
(8)
"Qualified investigative support staff member"
means a person who primarily provides technical support services
for a qualified investigator in the investigation of an offense,
including a person who provides evidence testing or analysis
services.
(9)
"Qualified investigator position" means a deputy
sheriff position in a qualified county that:
(A)
is held or will be held by a deputy sheriff
who primarily conducts case investigations in the routine
performance of the deputy's duties;
(B)
is in addition to a deputy sheriff position
held in the county on January 1, 2025; and
(C)
when aggregated with each other qualified
investigator position would result in an investigator-to-patrol
ratio of one to five, determined as of January 1, 2025.
(b)
The comptroller shall establish and administer the
rural sheriff's deputy shortage relief grant program to support the
state purpose of ensuring professional law enforcement throughout
the state by providing financial assistance to sheriff's
departments in qualified counties.
(c)
Not later than the 30th day after the first day of a
qualified county's fiscal year, the county may submit an
application for a grant to the comptroller. The county must
indicate in the application the number of qualified deputy
positions, qualified investigator positions, qualified emergency
dispatcher positions, and qualified investigative support staff
member positions the county is requesting for inclusion in the
determination of the amount of the grant for that fiscal year and
the number of qualified deputy positions and qualified investigator
positions for which the county is requesting additional funds
described by Subsections (d)(2) and (4). A county may submit only
one application each fiscal year.
(d)
Subject to Subsections (e), (f), (g), (h), and (k), the
comptroller shall award a grant to a qualified county that applies
for the grant using money appropriated to the comptroller for that
purpose. The grant must be in the following amount:
(1)
$50,000 for each qualified deputy position
indicated by the county in the application for that fiscal year;
(2)
an additional $50,000 for each qualified deputy
position indicated in the application for that fiscal year, unless
the county has received a grant under this subdivision for that
position in a preceding fiscal year;
(3)
$50,000 for each qualified investigator position
indicated by the county in the application for that fiscal year
necessary for an investigator-to-patrol ratio of one to five after
filling the qualified deputy positions under the grant;
(4)
an additional $50,000 for each qualified
investigator position indicated in the application for that fiscal
year, unless the county has received a grant under this subdivision
for that position in a preceding fiscal year;
(5)
$35,000 for each qualified emergency dispatcher
indicated by the county in the application for that fiscal year; and
(6)
$35,000 for each qualified investigative support
staff member indicated by the county in the application for that
fiscal year.
(e)
This subsection applies only to a fiscal year of a
qualified county that meets the deputy-to-resident ratio described
by Subsection (a)(5)(B)(i) during a calendar year that begins on or
after January 1, 2025, but before the calendar year in which the
fiscal year begins. A qualified county is not eligible to receive a
grant under this section for a fiscal year unless the county adopts
a budget for the fiscal year that provides for the employment of a
number of deputy sheriffs necessary to meet the deputy-to-resident
ratio of at least 15 to 10,000, determined as of January 1 of the
calendar year in which the fiscal year begins.
(f)
This subsection applies only to a fiscal year of a
qualified county for which the number of qualified deputy positions
the county is otherwise entitled to receive a grant for under this
section is greater than the number of qualified deputy positions
the county would be entitled to receive a grant for under this
section if the deputy-to-resident ratio described by Subsection
(a)(5)(B)(i) is determined as of January 1 of the calendar year in
which the fiscal year begins instead of January 1, 2025. A
qualified county is entitled to receive a grant under this section
only for the number of qualified deputy positions the county would
be entitled to receive a grant for if the deputy-to-resident ratio
described by Subsection (a)(5)(B)(i) is determined as of January 1
of the calendar year in which the fiscal year begins instead of
January 1, 2025.
(g)
This subsection applies only to a fiscal year of a
qualified county that meets the investigator-to-patrol ratio
described by Subsection (a)(5)(B)(ii) during a calendar year that
begins on or after January 1, 2025, but before the calendar year in
which the fiscal year begins. A qualified county is not eligible to
receive a grant under this section for a fiscal year unless the
county adopts a budget for the fiscal year that provides for the
employment of a number of deputy sheriffs necessary to meet the
investigator-to-patrol ratio of at least one to five, determined as
of January 1 of the calendar year in which the fiscal year begins.
(h)
This subsection applies only to a fiscal year of a
qualified county for which the number of qualified investigator
positions the county is otherwise entitled to receive a grant for
under this section is greater than the number of qualified
investigator positions the county would be entitled to receive a
grant for under this section if the investigator-to-patrol ratio
described by Subsection (a)(5)(B)(ii) is determined as of January 1
of the calendar year in which the fiscal year begins instead of
January 1, 2025. A qualified county is entitled to receive a grant
under this section only for the number of qualified investigator
positions the county would be entitled to receive a grant for if the
investigator-to-patrol ratio described by Subsection (a)(5)(B)(ii)
is determined as of January 1 of the calendar year in which the
fiscal year begins instead of January 1, 2025.
(i)
A county that is awarded a grant shall use or authorize
the use of the grant money only:
(1)
to provide to each deputy sheriff who fills a
qualified deputy position a minimum annual salary of at least
$45,000;
(2)
to provide to each deputy sheriff who fills a
qualified investigator position a minimum annual salary of at least
$45,000;
(3)
to provide to each dispatcher who fills a
qualified emergency dispatcher position a minimum annual salary of
at least $30,000;
(4)
to provide to each investigative support staff
member who fills a qualified investigative support staff position a
minimum salary of at least $30,000;
(5)
to purchase vehicles, firearms, and safety
equipment for the use of a deputy sheriff who fills a qualified
deputy position; and
(6)
to purchase vehicles, firearms, investigative
tools, and safety equipment for the use of a deputy sheriff who
fills a qualified investigator position.
(j)
A county that is awarded a grant may not reduce the
sheriff's department budget for the county's fiscal year following
the fiscal year in which the comptroller awards the grant.
(k)
The total dollar amount awarded under this section may
not exceed $150 million in a state fiscal year. If the total dollar
amount of grants to which counties are entitled under this section
exceeds the limitation under this subsection in a state fiscal
year, the comptroller shall proportionally reduce the amount of
each grant awarded so the limitation is not exceeded.
(l)
The comptroller shall adopt rules necessary to
implement this section, including rules that establish:
(1)
a standardized application process, including the
form to be used to apply for a grant and the manner of submitting the
form;
(2) deadlines for:
(A) applying for the grant;
(B) disbursement of grant money; and
(C) spending grant money;
(3) procedures for:
(A)
monitoring the disbursement of grant money to
ensure compliance with this section; and
(B)
the return of grant money that was not used by
a county for a purpose authorized by this section; and
(4)
standards to determine if an emergency dispatcher
is a qualified emergency dispatcher.
SECTION 2. A qualified county, as defined by Section
130.9115, Local Government Code, as added by this Act, may not apply
for a grant under that section before September 1, 2026.
SECTION 3. This Act takes effect September 1, 2025.