Relating to an election to approve a reduction or reallocation of funding or resources for certain county prosecutors' offices.

89(R) SB 330 - House Committee Report version - Bill Text

By: Huffman

S.B. No. 330

(Oliverson)

A BILL TO BE ENTITLED

AN ACT

relating to an election to approve a reduction or reallocation of

funding or resources for certain county prosecutors' offices.

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

SECTION 1. The heading to Chapter 120, Local Government

Code, is amended to read as follows:

CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR

CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES
AND PROSECUTORS' OFFICES

SECTION 2. Chapter 120, Local Government Code, is amended

by adding Section 120.0001 to read as follows:

Sec.

120.0001.

DEFINITION. In this chapter, "prosecutor's

office" means the office of a district attorney, a criminal

district attorney, or a county attorney with criminal jurisdiction.

SECTION 3. Sections 120.002(a) and (c), Local Government

Code, are amended to read as follows:

(a) Except as provided by Section 120.003, a county shall

hold an election in accordance with this chapter if the county

adopts a budget for a fiscal year that, compared to the budget

adopted by the county for the preceding fiscal year:

(1) reduces for a law enforcement agency, excluding a

9-1-1 call center, with primary responsibility for policing,

criminal investigation, and answering calls for service
or for a

prosecutor's office
:

(A) for a fiscal year in which the overall amount

of the budget is equal to or greater than the amount for the

preceding fiscal year, the appropriation to the agency
or office
;

(B) for a fiscal year in which the overall amount

of the budget is less than the amount for the preceding fiscal year,

the appropriation to the agency
or office
as a percentage of the

total budget;

(C) as applicable:

(i) if the county has not declined in

population since the preceding fiscal year, the number of peace

officer positions, excluding detention officer positions; or

(ii) if the county has declined in

population since the preceding fiscal year, the number of peace

officer positions, excluding detention officer positions, the law

enforcement agency is authorized to employ per 1,000 county

residents; or

(D) the amount of funding per peace officer for

the recruitment and training of new peace officers to fill vacant

and new peace officer positions in the agency; or

(2) reallocates funding or resources to another law

enforcement agency
or prosecutor's office
.

(c) For purposes of this section, a county budget does not

include:

(1) a one-time extraordinary expense, as determined by

the comptroller, that is outside the normal costs of operating a law

enforcement agency
or prosecutor's office
, including purchasing a

fleet of law enforcement vehicles or constructing an additional

training academy;

(2) revenues used to repay voter-approved bonded

indebtedness incurred for a law enforcement
or prosecutorial

purpose;

(3) detention officer compensation; or

(4) a donation or state or federal grant to the

county's law enforcement agency
or prosecutor's office
.

SECTION 4. Section 120.007(c), Local Government Code, is

amended to read as follows:

(c) Notwithstanding any other law, if the comptroller

determines that a county implemented a proposed reduction or

reallocation described by Section 120.002(a) 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 prosecutor's office
; 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.

SECTION 5. This Act takes effect January 1, 2026.