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.