BILL ANALYSIS S.B. 386 By: Gallegos Intergovernmental Relations 4-20-95 Committee Report (Unamended) BACKGROUND Currently, Harris County operates a contract deputy program that allows the county government to contract with private homeowners associations to provide county police protection to selected neighborhoods. Under these arrangements, the homeowners pay about 70 percent of the costs for the deputy while the county taxpayers pay the remaining 30 percent of expenses. The deputy primarily patrols within the neighborhood boundaries of the homeowners association that pays the majority of the fees. The program allows affluent neighborhoods to purchase additional police protection at the expense of low- to middle-income neighborhoods. Harris County provides virtually no police patrols for neighborhoods without contracts. Therefore, residents who cannot afford to contract police to patrol their streets are left without meaningful police protection. Three times in the past 11 years, the state attorney general has declared the program unconstitutional. It is the attorney general's opinion that county officers may not subject their law enforcement responsibilities and functions to private control or direction. PURPOSE As proposed, S.B. 386 authorizes the commissioners court of a county with a population of less than 2.8 million to contract with a nongovernmental association for the provision of law enforcement services by the county. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 351D, Local Government Code, to rename the heading, as follows: SUBCHAPTER D. CONTRACTS FOR LAW ENFORCEMENT SERVICES ON FEE BASIS IN CERTAIN COUNTIES SECTION 2. Amends Section 351.061, Local Government Code, to authorize a commissioners court of a county with a population of less than 2.8 million to contract with a nongovernmental association for the provision of law enforcement services by the county on a fee basis in the geographical area represented by the association. SECTION 3. Emergency clause. Effective date: 90 days after adjournment.