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.