BILL ANALYSIS

H.B. 4205

By: Harless

Intergovernmental Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that pay disparity among law enforcement agencies, particularly in large metropolitan areas, can cause some agencies to lose experienced personnel as employees choose to switch agencies to attain better pay. H.B. 4205 seeks to level the playing field of law enforcement pay in certain counties by providing for all law enforcement agencies within the same county to provide the same base pay for each employee rank or specialty.

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. 4205 amends the Local Government Code to require the commissioners court of a county with a minimum population threshold of 3.3 million that increases the compensation or employment benefits for a class of police officers to increase by the same amount the compensation or employment benefits to all police officers that are within that class and who receive their compensation and employment benefits primarily through county funding. The bill defines "police officer" by reference to the Fire and Police Employee Relations Act. The bill requires such a commissioners court to provide funding to each law enforcement agency, office, or department of the county necessary to provide the required increase in compensation or employment benefits and prohibits the county commissioners court from reducing a component of the budget of a law enforcement agency, office, or department as a result of the increase in compensation or employment benefits. These provisions apply only to an increase in the compensation or employment benefits for a class of police officers that is adopted by the commissioners court of the county on or after the bill's effective date.

H.B. 4205 establishes that the Fire and Police Employee Relations Act preempts all contrary local ordinances, executive orders, legislation, or rules adopted by a county commissioners court. With regards to certain definitions under the act, the bill does the following:

· includes in the definition of "police officer" a full-time paid employee who is certified by the Texas Commission on Law Enforcement (TCOLE) and who regularly serves in a professional law enforcement capacity in the police department of a political subdivision, in the office of a district attorney as an investigator, or in the office of the county fire marshal;

· applies that revised definition of "police officer" to an employee who otherwise meets that criteria and is licensed by TCOLE;

· includes a county in the definition of "political subdivision"; and

· applies the definition of "public employer" to a county commissioners court.

EFFECTIVE DATE

September 1, 2025.