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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding of, contracting with, and employment for |
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law enforcement agencies in certain counties. |
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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 IN CERTAIN COUNTIES. (a) In this section: |
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(1) "Local government" means a county, municipality, |
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municipal utility district, school district, junior college |
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district, or other political subdivision of this state. |
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(2) "Property owners' association" has the meaning |
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assigned by Section 202.001, Property Code. |
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(b) This section applies only to a county with a population |
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of more than 3.3 million. |
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(c) A sheriff may enter into a contract with a local |
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government, a property owners' association, or an owner of land to |
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provide 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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local government or the association or the area owned by the owner; |
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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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(d) 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 IN CERTAIN COUNTIES. (a) In this section: |
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(1) "Local government" means a county, municipality, |
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municipal utility district, school district, junior college |
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district, or other political subdivision of this state. |
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(2) "Property owners' association" has the meaning |
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assigned by Section 202.001, Property Code. |
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(b) This section applies only to a county with a population |
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of more than 3.3 million. |
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(c) A constable may enter into a contract with a local |
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government, a property owners' association, or an owner of land to |
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provide 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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local government or the association or the area owned by the owner; |
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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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(d) 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. Section 120.002, Local Government Code, is |
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amended by adding Subsection (a-1) and amending Subsection (b) to |
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read as follows: |
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(a-1) This subsection applies only to a county with a |
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population of more than 3.3 million. A county shall hold an |
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election in accordance with this chapter if the county adopts a |
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budget or changes an adopted budget resulting in a budget for a |
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fiscal year that, compared to the budget adopted by the county for |
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the preceding fiscal year: |
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(1) has an effect described by Subsection (a); |
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(2) reallocates unspent funding that was appropriated |
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to a law enforcement agency; or |
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(3) reallocates funding previously appropriated for a |
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specific law enforcement position to another agency. |
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(b) A county may not implement a proposed reduction or |
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reallocation described by Subsection (a) or (a-1) until the county |
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receives voter approval for the proposed reduction or reallocation |
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at an election held for that purpose. The county may, at any time, |
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order the election to be held on the 30th day after the date the |
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county orders the election. Section 41.001, Election Code, does |
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not apply to an election under this subsection. |
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SECTION 4. Section 120.006(a), Local Government Code, is |
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amended to read as follows: |
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(a) A person who believes that a county has implemented a |
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proposed reduction or reallocation described by Section 120.002(a) |
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or (a-1) without the required voter approval and who resides in the |
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county may file a complaint with the criminal justice division of |
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the office of the governor. |
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SECTION 5. Sections 120.007(a), (c), and (d), Local |
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Government Code, are amended to read as follows: |
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(a) On request by the criminal justice division of the |
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office of the governor, the comptroller shall determine whether a |
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county has implemented a proposed reduction or reallocation |
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described by Section 120.002(a) or (a-1) without the required voter |
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approval. The comptroller shall issue a written determination to |
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the governor, lieutenant governor, speaker of the house of |
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representatives, and governing body of the county. |
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(c) Notwithstanding any other law, if the comptroller |
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determines that a county implemented a proposed reduction or |
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reallocation described by Section 120.002(a) or (a-1) without the |
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required voter approval, the county may not adopt an ad valorem tax |
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rate that exceeds the county's no-new-revenue tax rate until the |
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earlier of: |
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(1) the date the comptroller issues a written |
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determination that the county has, as applicable: |
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(A) reversed each funding reduction, adjusted |
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for inflation, and personnel reduction that was a subject of the |
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determination; or |
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(B) restored all reallocated funding and |
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resources that were subjects of the determination to the original |
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law enforcement agency; or |
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(2) the date on which each reduction and reallocation |
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that was a subject of the determination has been approved in an |
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election held in accordance with this chapter. |
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(d) For purposes of making the calculation required under |
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Section 26.013, Tax Code, in a tax year the comptroller determines |
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that a county implemented a proposed reduction or reallocation |
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described by Section 120.002(a) or (a-1) without the required voter |
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approval, the difference between the actual tax rate and |
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voter-approval tax rate is considered to be zero. |
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SECTION 6. 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 IN CERTAIN COUNTIES. (a) This section |
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applies only to a county with a population of more than 3.3 million. |
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(b) 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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(c) 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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(d) The county may not prohibit or otherwise restrict the |
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use of the money described by Subsection (b) 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 7. Subchapter Z, Chapter 152, Local Government |
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Code, is amended by adding Section 152.908 to read as follows: |
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Sec. 152.908. COMPENSATION PARITY FOR LAW ENFORCEMENT |
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AGENCIES IN CERTAIN COUNTIES. (a) This section applies only to a |
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county with a population of more than 3.3 million. |
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(b) A county shall provide employees of the following law |
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enforcement agencies in the county in equivalent positions with |
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substantially similar compensation: |
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(1) the sheriff's office; |
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(2) each constable's office; and |
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(3) any other law enforcement agency with a primary |
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responsibility to police and investigate criminal offenses and that |
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is primarily funded by the county. |
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SECTION 8. This Act takes effect September 1, 2025. |