| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an election to approve a reduction or reallocation of |
|
|
funding or resources for a municipal or county law enforcement |
|
|
agency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle C, Title 4, Local Government Code, is |
|
|
amended by adding Chapter 135 to read as follows: |
|
|
CHAPTER 135. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR LAW |
|
|
ENFORCEMENT AGENCIES |
|
|
Sec. 135.001. ELECTION REQUIRED. (a) A municipality or |
|
|
county shall hold an election in accordance with this chapter if the |
|
|
municipality or county proposes to adopt a budget for a fiscal year |
|
|
that, compared to the budget adopted by the municipality or county |
|
|
for the preceding fiscal year: |
|
|
(1) reduces for a law enforcement agency: |
|
|
(A) the appropriation to the agency as a |
|
|
percentage of the total budget; |
|
|
(B) the number of peace officers the agency is |
|
|
authorized to employ per 1,000 municipal or county residents, as |
|
|
applicable; |
|
|
(C) the total amount of funding per peace officer |
|
|
for peace officer overtime compensation; 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 department; or |
|
|
(2) reallocates funding or resources from one law |
|
|
enforcement agency to another. |
|
|
(b) A municipality or county may not adopt a budget with a |
|
|
proposed reduction or reallocation described by Subsection (a) |
|
|
until the municipality or county receives voter approval for the |
|
|
proposed reduction or reallocation at an election held for that |
|
|
purpose. |
|
|
Sec. 135.002. BALLOT PROPOSITION REQUIREMENTS. A |
|
|
municipality or county holding an election under this chapter shall |
|
|
ensure that the ballot proposition for the election includes, as |
|
|
applicable: |
|
|
(1) a detailed explanation of each proposed reduction; |
|
|
(2) the amount of each proposed reduction; |
|
|
(3) the recipient of reallocated funding or resources; |
|
|
(4) the impact on the local tax rate, if any; and |
|
|
(5) the expected length of time that the proposed |
|
|
reduction or reallocation will remain in effect. |
|
|
Sec. 135.003. USE OF PUBLIC MONEY FOR CAMPAIGN PROHIBITED. |
|
|
A municipality or county holding an election under this chapter may |
|
|
not use public money on informational campaigns or advocacy related |
|
|
to the proposed reduction or reallocation. |
|
|
Sec. 135.004. COMPLAINT. A person who believes that a |
|
|
municipality or county has violated this chapter may file a |
|
|
complaint with the criminal justice division of the office of the |
|
|
governor. |
|
|
Sec. 135.005. COMPTROLLER INVESTIGATION AND WITHHOLDING OF |
|
|
CERTAIN MONEY. (a) On request by the criminal justice division of |
|
|
the office of the governor, the comptroller shall determine whether |
|
|
a municipality or county has violated this chapter. The comptroller |
|
|
shall issue a written determination to the governor, lieutenant |
|
|
governor, and speaker of the house of representatives. |
|
|
(b) Notwithstanding any other law, if the comptroller |
|
|
determines that a municipality or county violated this chapter, the |
|
|
municipality or county may not adopt a tax rate for the subsequent |
|
|
municipal or county fiscal year that exceeds the municipality's or |
|
|
county's tax rate on the date of the violation. |
|
|
(c) A tax rate limitation described by Subsection (b) |
|
|
becomes inapplicable on the earlier of: |
|
|
(1) the date the comptroller issues a written |
|
|
determination that the municipality or county has, as applicable: |
|
|
(A) adopted a budget that reverses all funding |
|
|
reductions, adjusted for inflation, and personnel reductions in |
|
|
violation of this chapter; or |
|
|
(B) restored reallocated funding or resources to |
|
|
the original law enforcement agency; or |
|
|
(2) the date the municipality or county receives voter |
|
|
approval for the reduction or reallocation that violated this |
|
|
chapter in an election held in accordance with this chapter. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |