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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of sheriffs and constables to enter into |
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contracts to provide law enforcement services and county financial |
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authority in relation to sheriffs and constables. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 85, Local Government Code, |
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is amended by adding Section 85.025 to read as follows: |
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Sec. 85.025. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE |
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LAW ENFORCEMENT SERVICES. (a) In this section: |
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(1) "Property owners' association" has the meaning |
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assigned by Section 202.001, Property Code. |
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(2) "Subdivision" has the meaning assigned by Section |
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201.003, Property Code. |
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(b) A sheriff may enter into a contract with a property |
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owners' association or an owner of land in a subdivision to provide |
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law enforcement services in the sheriff's county: |
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(1) in and near the area managed or regulated by the |
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association or the area owned by the owner; and |
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(2) to the persons residing in or visiting an area |
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described by Subdivision (1). |
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(c) The commissioners court of the sheriff's county may not |
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prohibit or otherwise restrict the sheriff from entering into a |
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contract under this section. The sheriff may enter into the |
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contract and determine the terms of the contract, regardless of |
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whether the commissioners court approves of the contract or the |
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terms. |
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SECTION 2. Subchapter C, Chapter 86, Local Government Code, |
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is amended by adding Section 86.026 to read as follows: |
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Sec. 86.026. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE |
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LAW ENFORCEMENT SERVICES. (a) In this section: |
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(1) "Property owners' association" has the meaning |
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assigned by Section 202.001, Property Code. |
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(2) "Subdivision" has the meaning assigned by Section |
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201.003, Property Code. |
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(b) A constable may enter into a contract with a property |
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owners' association or an owner of land in a subdivision to provide |
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law enforcement services in the constable's precinct: |
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(1) in and near the area managed or regulated by the |
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association or the area owned by the owner; and |
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(2) to the persons residing in or visiting an area |
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described by Subdivision (1). |
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(c) The commissioners court of a constable's county may not |
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prohibit or otherwise restrict the constable from entering into a |
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contract under this section. The constable may enter into the |
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contract and determine the terms of the contract, regardless of |
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whether the commissioners court approves of the contract or the |
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terms. |
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SECTION 3. Subchapter Z, Chapter 130, Local Government |
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Code, is amended by adding Section 130.903 to read as follows: |
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Sec. 130.903. REQUIREMENTS AND PROHIBITIONS RELATED TO |
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COUNTY LAW ENFORCEMENT. (a) A county may not: |
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(1) transfer money appropriated to the office of |
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sheriff or constable to the county's general revenue fund or any |
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other county account; or |
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(2) prohibit the office of sheriff or constable from |
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spending money appropriated to the office for any lawful purpose. |
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(b) In relation to money received under a contract entered |
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into under Section 85.025 or 86.026, the commissioners court of the |
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sheriff's or constable's county: |
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(1) shall credit the money to the office of the sheriff |
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or constable, as applicable, and may not credit the money to the |
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county's general revenue fund; and |
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(2) may not reduce the appropriation to the office of |
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the sheriff or constable, as applicable, by the amount of the money |
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received because the money is considered for purposes of Section |
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120.002 as part of the office's appropriation for the county fiscal |
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year in which the money is received. |
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(c) The county may not prohibit or otherwise restrict the |
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use of the money described by Subsection (a) by the sheriff or |
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constable, as applicable, for a lawful purpose, if the county |
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auditor or county treasurer determines that the money is available |
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to the office of the sheriff or constable, as applicable. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |