Texas 2021 - 87th Regular

Texas House Bill HB1950 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20106 MP-F
2		-	By: Slawson, Bonnen, Harris, Patterson, H.B. No. 1950
3		-	et al.
4		-	Substitute the following for H.B. No. 1950:
5		-	By: Paddie C.S.H.B. No. 1950
	1	+	By: Slawson H.B. No. 1950
6	2
7	3
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10	6		relating to the control and funding of law enforcement and public
11	7		safety services in certain political subdivisions.
12	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. This Act may be cited as the Texas Public Safety
14		-	Protection Act.
15		-	SECTION 2. Subtitle A, Title 4, Local Government Code, is
16		-	amended by adding Chapter 109 to read as follows:
17		-	CHAPTER 109. DETERMINATION OF DEFUNDING MUNICIPALITIES
18		-	Sec. 109.001. DEFINITION. In this chapter, "division"
19		-	means the criminal justice division of the office of the governor.
20		-	Sec. 109.002. APPLICABILITY OF CHAPTER. This chapter
21		-	applies only to a municipality with a population of more than
22		-	250,000.
23		-	Sec. 109.003. DEFUNDING DETERMINATION. Except as provided
24		-	by Section 109.004, a defunding municipality is a municipality:
25		-	(1) that adopts a budget for a fiscal year that, in
26		-	comparison to the municipality's preceding fiscal year, reduces the
27		-	appropriation to the municipality's police department; and
28		-	(2) for which the division issues a written
29		-	determination finding that the municipality has made the reduction
30		-	described by Subdivision (1).
31		-	Sec. 109.0035. INITIAL DETERMINATION. In making a
32		-	determination of whether a municipality is a defunding municipality
33		-	under Section 109.003 according to the budget adopted for the first
34		-	fiscal year beginning on or after September 1, 2021, the division
35		-	shall compare the appropriation to the municipality's police
36		-	department in that budget to the appropriation to that department
37		-	in the budget of the preceding fiscal year or the second preceding
38		-	fiscal year, whichever is greater. This section expires September
39		-	1, 2023.
40		-	Sec. 109.004. EXCEPTIONS. A municipality is not considered
41		-	to be a defunding municipality under Section 109.003 if:
42		-	(1) for a fiscal year in which the municipality adopts
43		-	a budget that is less than the budget for the preceding fiscal year,
44		-	the percentage reduction to the appropriation to the municipality's
45		-	police department does not exceed the percentage reduction to the
46		-	total budget; or
47		-	(2) before the adoption of a budget, the municipality
48		-	applies for and is granted approval from the division for a
49		-	reduction to the appropriation to the municipality's police
50		-	department to account for:
51		-	(A) capital expenditures related to law
52		-	enforcement during the preceding fiscal year;
53		-	(B) the municipality's response to a state of
54		-	disaster declared under Section 418.014, Government Code; or
55		-	(C) another reason approved by the division.
56		-	Sec. 109.005. TERMINATION OF DEFUNDING DETERMINATION. A
57		-	municipality's defunding determination under Section 109.003
58		-	continues until the division issues a written determination finding
59		-	that the municipality has reversed the reduction, adjusted for
60		-	inflation, described by Section 109.003(1).
61		-	Sec. 109.006. DIVISION DUTIES. (a) The division shall:
62		-	(1) compute the inflation rate used to make
63		-	determinations under Section 109.005 each state fiscal year using a
64		-	price index that accurately reports changes in the purchasing power
65		-	of the dollar for municipalities in this state; and
66		-	(2) publish the inflation rate in the Texas Register.
67		-	(b) The division shall adopt rules establishing the
68		-	criteria the division uses to approve reductions under Section
69		-	109.004(2).
70		-	SECTION 3. Subtitle A, Title 11, Local Government Code, is
	9	+	SECTION A1.AA(a) This Act may be cited as the Texas Public
	10	+	Safety Protection Act.
	11	+	SECTION 1. Subtitle A, Title 11, Local Government Code, is
71	12		amended by adding Chapter 345 to read as follows:
72	13		CHAPTER 345. LAW ENFORCEMENT AND PUBLIC SAFETY ZONES
73	14		SUBCHAPTER A. GENERAL PROVISIONS
74	15		Sec. 345.001. PURPOSE. The purpose of this chapter is to
75	16		provide certain municipalities that have defunded their law
76	17		enforcement agencies with law enforcement and public safety
77	18		services.
78	19		Sec. 345.002. CONSTRUCTION OF CHAPTER. (a) This chapter
79	20		shall be liberally construed in conformity with the purpose in
80	21		Section 345.001.
81	22		(b) If any provision of general law is in conflict or
82	23		inconsistent with this chapter, this chapter prevails. Any general
83	24		law not in conflict or inconsistent with this chapter is adopted and
84	25		incorporated by reference.
85	26		Sec. 345.003. APPLICABILITY. This chapter applies only to
86	27		a municipality that is:
87	28		(1) located wholly or partly in a county with a
88	29		population of more than 1 million and less than 1.5 million; and
89		-	(2) a defunding municipality under Chapter 109.
	30	+	(2) a defunding local government under Section
	31	+	140.013.
90	32		Sec. 345.004. DEFINITIONS. In this chapter:
91	33		(1) "Board" means the board of directors of a zone.
92	34		(2) "Director" means a member of a board.
93	35		(3) "Zone" means a law enforcement and public safety
94	36		zone created under this chapter.
95	37		Sec. 345.005. CONFLICT OF LAWS. To the extent of a conflict
96	38		between a provision of this chapter and another law applicable to
97		-	the maintenance or distribution of a defunding ~~municipality~~'s ~~share~~
98		-	of taxes collected by the comptroller under Chapter 321, Tax ~~Code,~~
99		-	this chapter controls.
	39	+	the maintenance or distribution of a defunding local government's
	40	+	share of taxes collected by the comptroller under Chapter 321, Tax
	41	+	Code, this chapter controls.
100	42		SUBCHAPTER B. CREATION OF ZONE
101	43		Sec. 345.051. CREATION OF ZONE. (a) The governor by
102	44		declaration may designate as a law enforcement and public safety
103	45		zone an area in a municipality to which this chapter applies.
104	46		(b) The declaration must:
105	47		(1) prescribe the date on which the zone will begin
106	48		operations;
107		-	(2) describe the boundaries of the zone:
	49	+	(2) describe the boundaries of the zone;
108	50		(A) by metes and bounds;
109	51		(B) by verifiable landmarks; or
110	52		(C) if there is a recorded map or plat and survey
111	53		of the area, by lot and block number;
112	54		(3) appoint the initial board of directors of the
113	55		zone; and
114	56		(4) notwithstanding Section 321.502, Tax Code, and
115	57		beginning on the date that the zone begins operations, direct the
116	58		comptroller of public accounts to set aside in a special fund for
117	59		the purpose of funding zone operations, the municipality's share of
118	60		the taxes collected by the comptroller under Chapter 321, Tax Code.
119	61		SUBCHAPTER C. BOARD OF DIRECTORS
120	62		Sec. 345.101. BOARD OF DIRECTORS. (a) A zone is governed
121	63		by a board of at least three but no more than 11 directors who are
122	64		appointed by the governor.
123	65		(b) Directors serve two-year terms with the terms expiring
124	66		January 1 of each even-numbered year.
125	67		(c) A vacancy is filled for the unexpired term by
126	68		appointment by the governor.
127	69		(d) A director is not liable for civil damages or criminal
128	70		prosecution for any act performed in good faith in the execution of
129	71		the director's duties or for any action taken by the board.
130	72		Sec. 345.102. QUALIFICATIONS OF DIRECTORS. To serve as a
131	73		director, a person must be at least 18 years old and be:
132	74		(1) a resident of the municipality or county in which
133	75		the zone is located;
134	76		(2) a property owner in the zone;
135	77		(3) an agent or employee of a person described by
136	78		Subdivision (2); or
137	79		(4) a person with law enforcement experience.
138	80		Sec. 345.103. ORGANIZATION AND MEETINGS OF BOARD. (a)
139	81		After the appointment of directors, the board shall organize by
140	82		electing a presiding officer, a secretary, and any other officers
141	83		the board considers necessary.
142	84		(b) The board shall meet at least quarterly and at the call
143	85		of the presiding officer.
144	86		Sec. 345.104. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
145	87		EXPENSES. A director is not entitled to compensation for service on
146	88		the board but is entitled to be reimbursed for necessary expenses
147	89		incurred in carrying out the duties and responsibilities of a
148	90		director.
149	91		Sec. 345.105. BOARD POSITION NOT CIVIL OFFICE OF EMOLUMENT.
150	92		A position on the board may not be construed to be a civil office of
151	93		emolument for any purpose, including those purposes described by
152		-	Article XVI, Section 40, Texas Constitution.
	94	+	Article XVI, Section 40, of the Texas Constitution.
153	95		Sec. 345.106. VOTING. An affirmative vote by a majority of
154	96		the directors then appointed is required for the board to take
155	97		formal action.
156	98		Sec. 345.107. OPEN RECORDS AND MEETINGS. The board is
157	99		treated as a governmental body for the purposes of Chapters 551 and
158	100		552, Government Code.
159	101		SUBCHAPTER D. POWERS AND DUTIES
160	102		Sec. 345.151. GENERAL POWERS. A zone has the powers
161	103		necessary or convenient to accomplish the zone's purpose under this
162	104		chapter.
163	105		Sec. 345.152. SPECIFIC POWERS AND DUTIES. (a) A zone shall
164	106		direct all law enforcement activities and public safety services in
165	107		the zone, including:
166	108		(1) the enforcement of all state criminal, traffic,
167	109		and safety laws in the zone;
168	110		(2) the prevention of crime in the zone;
169	111		(3) the investigation, detection, and apprehension of
170	112		persons who violate laws in the zone; and
171	113		(4) the protection of the welfare and safety of
172	114		residents of and visitors to the zone.
173	115		(b) A zone shall finance all the costs of the law
174	116		enforcement activities and public safety services described in
175	117		Subsection (a), including the costs for personnel, administration,
176	118		and contracting.
177	119		Sec. 345.153. POWERS AND DUTIES REGARDING PEACE OFFICERS.
178	120		(a) The board has exclusive management and control over any peace
179	121		officer employed or contracted to provide law enforcement and
180	122		public safety services in the zone while the peace officer is
181	123		performing those services.
182	124		(b) The board shall ensure that each peace officer employed
183	125		or contracted to provide law enforcement and public safety services
184	126		in the zone is a licensed peace officer under Chapter 1701,
185	127		Occupations Code.
186	128		(c) The board may establish payment rates for peace officers
187	129		employed or contracted to provide law enforcement and public safety
188	130		services in the zone. In establishing those rates, the board shall
189	131		ensure that the hourly wage paid by the zone to a peace officer does
190		-	not exceed ~~200~~ percent of the hourly wage paid to the peace ~~officer~~
191		-	for performing law enforcement activities by another ~~jurisdiction~~
192		-	at the time of the peace officer's employment or ~~contract with the~~
193		-	zone.
	132	+	not exceed two hundred percent of the hourly wage paid to the peace
	133	+	officer for performing law enforcement activities by another
	134	+	jurisdiction at the time of the peace officer's employment or
	135	+	contract with the zone.
194	136		Sec. 345.154. CONTRACTING. (a) Notwithstanding any other
195	137		law, when acting on behalf of the zone, the board may contract with
196	138		any entity, including a state agency, a municipality, a county,
197	139		another political subdivision of the state, an individual, or a
198	140		private corporation, to carry out the zone's purpose under this
199	141		chapter.
200	142		(b) A municipality, county, or other political subdivision
201	143		of the state may not prohibit an individual who is employed as a
202	144		peace officer by the municipality, county, or political subdivision
203	145		from contracting with the board to provide law enforcement and
204	146		public safety services in the zone.
205	147		(c) A municipality, county, or other political subdivision
206	148		of the state may not retaliate or discriminate against an
207	149		individual who is employed as a peace officer by the municipality,
208	150		county, or political subdivision and who has contracted with the
209	151		board to provide law enforcement and public safety services in the
210	152		zone.
211	153		Sec. 345.155. ZONE FUNDS. In order to pay for zone
212	154		operations, including the costs of law enforcement activities and
213	155		public safety services provided in the zone, the board shall have
214	156		access to the taxes set aside by the comptroller in a special fund
215	157		as directed by the governor's declaration in Section 345.051(b)(4).
216	158		Sec. 345.156. DONATIONS, GIFTS, AND GRANTS. On behalf of
217	159		the zone, the board may accept donations, gifts, and grants to carry
218	160		out the zone's purpose under this chapter.
219	161		Sec. 345.157. NO EMINENT DOMAIN POWER. A zone may not
220	162		exercise the power of eminent domain.
221	163		SUBCHAPTER E. DISSOLUTION OF ZONE
222	164		Sec. 345.201. DISSOLUTION OF ZONE. (a) Beginning on the
223	165		date on which the criminal justice division of the governor's
224	166		office issues a written determination in accordance with Section
225		-	~~109~~.~~005~~ finding that the municipality in which a zone is located ~~has~~
226		-	reversed the ~~reduction, adjusted for inflation,~~ described by
227		-	~~Section 109.003(1), the~~ governor by declaration may order the zone
228		-	~~to commence the process~~ of dissolution.
	167	+	140.013(b) finding that the municipality in which a zone is located
	168	+	has reversed the reductions described by Section 140.013(a)(1), the
	169	+	governor by declaration may order the zone to commence the process
	170	+	of dissolution.
229	171		(b) As soon as practicable after the governor issues a
230	172		declaration under Subsection (a), the zone shall pay all of its
231	173		expenses and discharge all of its outstanding debts and contractual
232	174		obligations.
233	175		(c) Immediately after paying all expenses and discharging
234	176		all outstanding debts and contractual obligations under Subsection
235	177		(b), the zone shall be dissolved and shall notify the comptroller of
236	178		its dissolution. Upon receiving this notification, the comptroller
237	179		shall close the zone's special fund and transfer any remaining
238	180		balance to the municipality in which the zone was located.
239		-	SECTION 4. Chapter 109, Local Government Code, as added by
240		-	this Act, applies only to the adoption of a budget by a municipality
241		-	for a fiscal year that begins on or after the effective date of this
242		-	Act.
243		-	SECTION 5. This Act takes effect September 1, 2021.
	181	+	SECTION 2. Chapter 140, Local Government Code, is amended
	182	+	by adding Section 140.013 to read as follows:
	183	+	Sec. 140.013. DEFUNDING LOCAL GOVERNMENT. (a) A defunding
	184	+	local government is a municipality or county:
	185	+	(1) that adopts a budget for a fiscal year that, in
	186	+	comparison to the local government's preceding fiscal year,
	187	+	reduces:
	188	+	(A) the appropriation to the local government's
	189	+	law enforcement agency;
	190	+	(B) the number of peace officers the local
	191	+	government's law enforcement agency is authorized to employ;
	192	+	(C) funding for peace officer overtime
	193	+	compensation for the local government's law enforcement agency; or
	194	+	(D) funding for the recruitment and training of
	195	+	new peace officers to fill each vacant peace officer position in the
	196	+	local government's law enforcement agency; and
	197	+	(2) for which the criminal justice division of the
	198	+	governor's office issues a written determination finding that the
	199	+	local government has taken an action described by Subdivision (1).
	200	+	(a-1) In making a determination of whether a local
	201	+	government is a defunding local government according to the budget
	202	+	adopted for the first fiscal year beginning on or after September 1,
	203	+	2021, the criminal justice division of the governor's office shall
	204	+	compare the funding and personnel in that budget to the funding and
	205	+	personnel in the budget of the preceding fiscal year or the second
	206	+	preceding fiscal year, whichever is greater. This subsection
	207	+	expires September 1, 2023.
	208	+	(b) A local government is considered to be a defunding local
	209	+	government until the criminal justice division of the governor's
	210	+	office issues a written determination finding that the local
	211	+	government has reversed the reductions, adjusted for inflation,
	212	+	described in Subsection (a)(1).
	213	+	(c) The criminal justice division of the governor's office
	214	+	shall:
	215	+	(1) compute the inflation rate used to make
	216	+	determinations under Subsection (b) each state fiscal year using a
	217	+	price index that accurately reports changes in the purchasing power
	218	+	of the dollar for local governments in this state; and
	219	+	(2) publish the inflation rate in the Texas Register.
	220	+	SECTION 3. Section 140.013, Local Government Code, as added
	221	+	by this Act, applies only to the adoption of a budget by a
	222	+	municipality or county for a fiscal year that begins on or after the
	223	+	effective date of this Act.
	224	+	SECTION 4. This Act takes effect September 1, 2021.