BILL ANALYSIS

H.B. 3253

By: Pierson

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that many rural counties in Texas struggle to recruit and retain constables and deputy constables due to limited budgets. The bill author has also informed the committee that, while the existing rural constable's office salary assistance grant program provides grants to these counties to be used for assistance in paying salaries, the program's cost-sharing requirements and insufficient minimum salary thresholds have hindered many of these counties from fully benefiting from the program. H.B. 3253 seeks to strengthen law enforcement services in rural communities and expand the applicability of the rural constable's office salary assistance grant program by removing unnecessary barriers, increasing required minimum salaries for counties that use grant money, and expanding the uses for which counties may use grant money.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3253 amends the Local Government Code to expand the applicability of the rural constable's office salary assistance grant program by repealing the provision defining "qualified constable" as a constable elected to an office created on or before January 1, 2023, who primarily makes motor vehicle stops in the routine performance of the constable's duties, and making the program applicable with respect to any constable. Accordingly, the bill removes the requirement for the comptroller of public accounts to adopt rules that establish standards to determine if a constable is a qualified constable.

H.B. 3253 requires a grant awarded by the comptroller under the program to a qualified county that applies for the grant to be in the following applicable amount:

· $75,000 for each constable precinct in the county if the county has a population of less than 10,000;

· $100,000 for each constable precinct in the county if the county has a population of 10,000 or more and less than 50,000; and

· $150,000 for each constable precinct in the county if the county has a population of 50,000 or more and 300,000 or less.

The bill removes the provision conditioning the authorization for the comptroller to award a grant to a county on the county agreeing in writing to contribute at least 75 percent of the money required to meet the minimum annual salary requirement under applicable state law for each qualified constable for which the county will also use grant money to provide that salary. With respect to that minimum annual salary requirement, the bill replaces the requirement for a county that is awarded a grant to use or authorize the use of the grant money only to provide a minimum annual salary of $45,000 to a qualified constable with a requirement for such a county to use or authorize the use of the grant money only to provide a minimum annual salary of at least:

· $65,000 for the constable of each precinct; and

· $45,000 for each deputy constable who makes motor vehicle stops in the routine performance of the deputy constable's duties.

The bill also includes the following among the limited purposes for which a county that is awarded a grant may use or authorize the use of the grant money:

· increasing the salary of an applicable constable or deputy constable;

· hiring additional deputies or staff for the constable's office; or

· purchasing vehicles, firearms, and safety equipment for the constable's office.

The bill prohibits a county that is awarded a grant from using or authorizing the use of the grant money for a purpose other than to meet the minimum salary requirements prescribed by the bill until those requirements are satisfied.

H.B. 3253 applies only to the award of a grant to a county under the rural constable's office salary assistance grant program during a fiscal year of the county that begins on or after the bill's effective date.

H.B. 3253 repeals Section 130.912(a)(2), Local Government Code.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.