88R5710 MP-F
 
  By: Sherman, Sr. H.B. No. 1354
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the salaries of members of certain municipal police
  departments and to state assistance payments to offset the cost of
  those salaries.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 141, Local Government Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. MINIMUM SALARY OF POLICE DEPARTMENT MEMBERS IN
  CERTAIN MUNICIPALITIES
         Sec. 141.051.  DEFINITION. In this subchapter,
  "dishonorably discharged" has the meaning assigned by Section
  1701.452, Occupations Code.
         Sec. 141.052.  APPLICABILITY. This subchapter applies only
  to a municipality with a population of 5,000 or less.
         Sec. 141.053.  MINIMUM SALARY; ELIGIBILITY.  (a)  
  Notwithstanding any other law, the governing body of a municipality
  shall provide for each municipal fiscal year a salary of at least
  $55,000 to each eligible member of the police department.
         (b)  To be eligible for the minimum salary under this
  section, a member of the police department must:
               (1)  be a full-time employee; and
               (2)  annually file with the municipality an affidavit
  in the form and manner prescribed by the municipality stating that
  the member:
                     (A)  has never been dishonorably discharged by any
  law enforcement agency; and
                     (B)  is not currently under investigation for
  alleged misconduct for which the member may be dishonorably
  discharged.
         Sec. 141.054.  STATE FINANCIAL ASSISTANCE TO PAY MINIMUM
  SALARIES. (a)  To serve the state purpose of ensuring professional
  law enforcement throughout the state, a municipality is entitled to
  an assistance payment from the state for each municipal fiscal year
  to assist the municipality in paying the minimum salary required by
  Section 141.053 for each eligible member of the police department
  in the municipality.  A municipality is entitled to the assistance
  payment in an amount that equals the difference of $55,000 and the
  member's salary as paid by the municipality.
         (b)  The governing body of the municipality may not reduce
  the portion of a salary paid to a member of the police department by
  the municipality as a result of receiving an assistance payment for
  that member.
         (c)  Not later than the 30th day after the first day of a
  municipality's fiscal year, the municipality must submit an
  application to the comptroller in the form and manner prescribed by
  comptroller rule to receive the assistance payment.  The
  application must include an affidavit described by Section
  141.053(b)(2) for each member of the police department in the
  municipality for whom the municipality is applying for an
  assistance payment.
         (d)  The comptroller shall remit the applicable assistance
  payment to which a municipality is entitled from available state
  money not later than the 30th day after the date the comptroller
  receives the municipality's completed application for the
  assistance payment.
         (e)  The comptroller shall adopt rules necessary to
  implement this section.
         SECTION 2.  The changes in law made by this Act apply only to
  a municipal fiscal year that begins on or after January 1, 2024.
         SECTION 3.  Not later than January 1, 2024, the comptroller
  of public accounts shall adopt rules as required by Section
  141.054(e), Local Government Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2023.