89S20814 MP-F
 
  By: Oliverson, Schofield, DeAyala, Harless, H.B. No. 26
      Hull, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to contracting with law enforcement agencies in certain
  counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 85, Local Government Code,
  is amended by adding Section 85.025 to read as follows:
         Sec. 85.025.  AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
  LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a)  In this section:
               (1)  "Local government" means a county, municipality,
  municipal utility district, school district, junior college
  district, or other political subdivision of this state.
               (2)  "Property owners' association" has the meaning
  assigned by Section 202.001, Property Code.
         (b)  This section applies only to a county with a population
  of more than 3.3 million.
         (c)  A sheriff may enter into a contract with a local
  government, a property owners' association, or an owner of land to
  provide law enforcement services in the sheriff's county:
               (1)  in and near the area managed or regulated by the
  local government or the association or the area owned by the owner;
  and
               (2)  to the persons residing in or visiting an area
  described by Subdivision (1).
         (d)  The commissioners court of the sheriff's county may not
  prohibit or otherwise restrict the sheriff from entering into a
  contract under this section.  The sheriff may enter into the
  contract and determine the terms of the contract, regardless of
  whether the commissioners court approves of the contract or the
  terms.
         SECTION 2.  Subchapter C, Chapter 86, Local Government Code,
  is amended by adding Section 86.026 to read as follows:
         Sec. 86.026.  AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
  LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a)  In this section:
               (1)  "Local government" means a county, municipality,
  municipal utility district, school district, junior college
  district, or other political subdivision of this state.
               (2)  "Property owners' association" has the meaning
  assigned by Section 202.001, Property Code.
         (b)  This section applies only to a county with a population
  of more than 3.3 million.
         (c)  A constable may enter into a contract with a local
  government, a property owners' association, or an owner of land to
  provide law enforcement services in the constable's precinct:
               (1)  in and near the area managed or regulated by the
  local government or the association or the area owned by the owner;
  and
               (2)  to the persons residing in or visiting an area
  described by Subdivision (1).
         (d)  The commissioners court of a constable's county may not
  prohibit or otherwise restrict the constable from entering into a
  contract under this section.  The constable may enter into the
  contract and determine the terms of the contract, regardless of
  whether the commissioners court approves of the contract or the
  terms.
         SECTION 3.  This Act takes effect on the 91st day after the
  last day of the legislative session.