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A BILL TO BE ENTITLED
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AN ACT
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relating to municipalities and counties that adopt budgets that |
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defund law enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 140, Local Government Code, is amended |
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by adding Section 140.013 to read as follows: |
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Sec. 140.013. DEFUNDING LOCAL GOVERNMENT. (a) A defunding |
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local government is a municipality or county: |
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(1) that adopts a budget for a fiscal year that, in |
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comparison to the local government's preceding fiscal year, |
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reduces: |
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(A) the appropriation to the local government's |
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law enforcement agency; |
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(B) the number of peace officers the local |
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government's law enforcement agency is authorized to employ; |
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(C) funding for peace officer overtime |
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compensation for the local government's law enforcement agency; or |
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(D) funding for the recruitment and training of |
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new peace officers to fill each vacant peace officer position in the |
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local government's law enforcement agency; and |
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(2) for which the criminal justice division of the |
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governor's office issues a written determination finding that the |
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local government has taken an action described by Subdivision (1). |
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(a-1) In making a determination of whether a local |
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government is a defunding local government according to the budget |
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adopted for the first fiscal year beginning on or after September 1, |
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2021, the criminal justice division of the governor's office shall |
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compare the funding and personnel in that budget to the funding and |
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personnel in the budget of the preceding fiscal year or the second |
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preceding fiscal year, whichever is greater. This subsection |
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expires September 1, 2023. |
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(b) A local government is considered to be a defunding local |
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government until the criminal justice division of the governor's |
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office issues a written determination finding that the local |
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government has reversed the reductions, adjusted for inflation, |
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described in Subsection (a)(1). |
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(c) The criminal justice division of the governor's office |
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shall: |
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(1) compute the inflation rate used to make |
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determinations under Subsection (b) each state fiscal year using a |
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price index that accurately reports changes in the purchasing power |
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of the dollar for local governments in this state; and |
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(2) publish the inflation rate in the Texas Register. |
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SECTION 2. Subchapter F, Chapter 321, Tax Code, is amended |
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by adding Section 321.5025 to read as follows: |
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Sec. 321.5025. DISTRIBUTION OF TRUST FUNDS TO DEFUNDING |
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MUNICIPALITY. (a) For purposes of this section, a "defunding |
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municipality" means a municipality that is a defunding local |
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government under Section 140.013, Local Government Code. |
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(b) Notwithstanding Section 321.502, the comptroller may |
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not, before July 1 of each state fiscal year, send to a defunding |
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municipality its share of the taxes collected by the comptroller |
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under this chapter during the state fiscal year. Before sending the |
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defunding municipality its share of the taxes, the comptroller |
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shall deduct the amount reported to the comptroller for the |
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defunding municipality under Subsection (c) and credit that |
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deducted amount to the general revenue fund. Money credited to the |
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general revenue fund under this subsection may be appropriated only |
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to the Department of Public Safety. |
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(c) Not later than August 1 of each state fiscal year, the |
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criminal justice division of the governor's office shall report to |
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the comptroller for each defunding municipality the amount of money |
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the state spent in that state fiscal year to provide law enforcement |
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services in that defunding municipality. |
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(d) A municipality is no longer considered to be a defunding |
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municipality for purposes of this section when the criminal justice |
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division of the governor's office issues a written determination in |
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accordance with Section 140.013(b), Local Government Code, finding |
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that the municipality has reversed the reductions described by |
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Section 140.013(a)(1), Local Government Code. |
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SECTION 3. Section 140.013, Local Government Code, as added |
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by this Act, applies only to the adoption of a budget by a |
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municipality or county for a fiscal year that begins on or after the |
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effective date of this Act. |
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SECTION 4. Section 321.5025, Tax Code, as added by this Act, |
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applies only to a distribution of municipal sales and use tax |
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revenue to a municipality in a state fiscal year that begins on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |