By:  Dutton                                           H.B. No. 1409
       73R3296 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the performance of law enforcement functions in certain
    1-3  counties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle C, Title 11, Local Government Code, is
    1-6  amended by adding Chapter 363 to read as follows:
    1-7            CHAPTER 363.  CONSOLIDATION OF LAW ENFORCEMENT
    1-8                FUNCTIONS IN CERTAIN POPULOUS COUNTIES
    1-9        Sec. 363.001.  COUNTY SUBJECT TO CHAPTER.  This chapter
   1-10  applies only to a county that:
   1-11              (1)  has abolished the elected office of sheriff; and
   1-12              (2)  contains a municipality with a population of 1.5
   1-13  million or more.
   1-14        Sec. 363.002.  COUNTYWIDE LAW ENFORCEMENT.  The law
   1-15  enforcement functions of the county, including all functions within
   1-16  municipalities in the county, shall be performed by the police
   1-17  department of the municipality with the largest population in the
   1-18  county.
   1-19        Sec. 363.003.  OPERATION OF COUNTY JAIL.  The county jail and
   1-20  other county correctional facilities shall be operated by an
   1-21  appointed county sheriff.
   1-22        Sec. 363.004.  APPOINTMENT OF COUNTY SHERIFF AND DEPUTIES.
   1-23  (a)  A county sheriff in this chapter is appointed jointly by the
   1-24  commissioners court of the county and the governing body of the
    2-1  municipality with the largest population in the county.
    2-2        (b)  The appointed sheriff may appoint deputies to assist in
    2-3  the sheriff's duties.  The appointments or terminations of the
    2-4  deputies by the sheriff are subject to the approval of the
    2-5  commissioners court of the county and the governing body of the
    2-6  municipality.
    2-7        (c)  A deputy who was employed by an elected sheriff of a
    2-8  county that has abolished the elected office of sheriff shall be
    2-9  offered employment as a deputy to the appointed sheriff, unless the
   2-10  deputy is offered employment by the police force of the largest
   2-11  municipality in the county.
   2-12        SECTION 2.  This Act takes effect January 1, 1995, but only
   2-13  if the constitutional amendment proposed by the 73rd Legislature,
   2-14  Regular Session, 1993, providing for the abolition of the office of
   2-15  sheriff in Harris County, is approved by the voters.  If that
   2-16  amendment is not approved by the voters, this Act has no effect.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.