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A BILL TO BE ENTITLED
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AN ACT
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relating to an election to approve a reduction or reallocation of |
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funding or resources for certain county prosecutors' offices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 120, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR |
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CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES AND PROSECUTORS' OFFICES |
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SECTION 2. Chapter 120, Local Government Code, is amended |
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by adding Section 120.0001 to read as follows: |
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Sec. 120.0001. DEFINITION. In this chapter, "prosecutor's |
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office" means the office of a district attorney, a criminal |
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district attorney, or a county attorney with criminal jurisdiction. |
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SECTION 3. Sections 120.002(a) and (c), Local Government |
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Code, are amended to read as follows: |
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(a) Except as provided by Section 120.003, a county shall |
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hold an election in accordance with this chapter if the county |
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adopts a budget for a fiscal year that, compared to the budget |
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adopted by the county for the preceding fiscal year: |
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(1) reduces for either a law enforcement agency, |
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excluding a 9-1-1 call center, with primary responsibility for |
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policing, criminal investigation, and answering calls for service |
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or for a prosecutor's office: |
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(A) for a fiscal year in which the overall amount |
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of the budget is equal to or greater than the amount for the |
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preceding fiscal year, the appropriation to the agency or office; |
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(B) for a fiscal year in which the overall amount |
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of the budget is less than the amount for the preceding fiscal year, |
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the appropriation to the agency or office as a percentage of the |
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total budget; |
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(C) as applicable: |
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(i) if the county has not declined in |
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population since the preceding fiscal year, the number of peace |
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officer positions, excluding detention officer positions; or |
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(ii) if the county has declined in |
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population since the preceding fiscal year, the number of peace |
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officer positions, excluding detention officer positions, the law |
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enforcement agency is authorized to employ per 1,000 county |
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residents; or |
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(D) the amount of funding per peace officer for |
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the recruitment and training of new peace officers to fill vacant |
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and new peace officer positions in the agency; or |
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(2) reallocates funding or resources to another law |
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enforcement agency or prosecutor's office. |
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(c) For purposes of this section, a county budget does not |
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include: |
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(1) a one-time extraordinary expense, as determined by |
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the comptroller, that is outside the normal costs of operating a law |
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enforcement agency or prosecutor's office, including purchasing a |
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fleet of law enforcement vehicles or constructing an additional |
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training academy; |
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(2) revenues used to repay voter-approved bonded |
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indebtedness incurred for a law enforcement or prosecutorial |
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purpose; |
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(3) detention officer compensation; or |
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(4) a donation or state or federal grant to the |
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county's law enforcement agency or prosecutor's office. |
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SECTION 4. Section 120.007(c), Local Government Code, is |
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amended to read as follows: |
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(c) Notwithstanding any other law, if the comptroller |
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determines that a county implemented a proposed reduction or |
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reallocation described by Section 120.002(a) without the required |
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voter approval, the county may not adopt an ad valorem tax rate that |
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exceeds the county's no-new-revenue tax rate until the earlier of: |
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(1) the date the comptroller issues a written |
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determination that the county has, as applicable: |
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(A) reversed each funding reduction, adjusted |
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for inflation, and personnel reduction that was a subject of the |
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determination; or |
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(B) restored all reallocated funding and |
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resources that were subjects of the determination to the original |
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law enforcement agency or prosecutor's office; or |
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(2) the date on which each reduction and reallocation |
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that was a subject of the determination has been approved in an |
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election held in accordance with this chapter. |
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SECTION 5. This Act takes effect January 1, 2024. |