By Hochberg, Coleman H.B. No. 1130
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fees charged by a county to provide law enforcement
1-3 services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 351.061, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 351.061. AUTHORITY TO CONTRACT. (a) To protect the
1-8 public interest, the commissioners court of a county may contract
1-9 with a nongovernmental association for the provision of law
1-10 enforcement services by the county on a fee basis in the
1-11 geographical area represented by the association.
1-12 (b) The commissioners court may not enter a contract under
1-13 this chapter unless the county official providing law enforcement
1-14 services under the contract:
1-15 (1) retains absolute discretion over the deployment of
1-16 the official's law enforcement personnel; and
1-17 (2) certifies to the commissioner's court that
1-18 providing services under the contract will not impair the ability
1-19 of the official to provide necessary law enforcement services to
1-20 the general public.
1-21 SECTION 2. Section 351.062, Local Government Code, is
1-22 amended to read as follows:
1-23 Sec. 351.062. FEES. (a) The commissioners court shall
2-1 determine the amount of the fee charged by the county. Except as
2-2 provided by Subsection (b), the <The> fees must be uniform
2-3 throughout the county, relative to the amount of service provided,
2-4 and must recover not more than 100 percent of the cost to the
2-5 county for supplying the law enforcement services, including
2-6 salaries and any additional expenses the county may incur in
2-7 providing the services. If the time of the sheriff or county
2-8 official who provides the services is divided between services to
2-9 the political subdivision and a nongovernmental association, the
2-10 total cost to the association must be so prorated, as provided in
2-11 the contract.
2-12 (b) The fee charged in Subsection (a) shall be reduced, for
2-13 an area in the county, from the countywide rate if the
2-14 commissioners court determines that the area is an economically
2-15 disadvantaged area and that the reduced rate is necessary to
2-16 provide law enforcement services to the area.
2-17 (c) The contract must provide for the payment of the fees to
2-18 the county. The fees shall be deposited in the general fund of the
2-19 county.
2-20 SECTION 3. The change in law made by this Act to Section
2-21 351.062, Local Government Code, applies only to a contract made by
2-22 a county on or after the effective date of this Act. A contract
2-23 made before that date is governed by the law in effect at the time
2-24 the contract is made, and the former law is continued in effect for
2-25 that purpose.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.