87R10109 SCL-D
By: Huffman S.B. No. 23
A BILL TO BE ENTITLED
AN ACT
relating to an election to approve a reduction or reallocation of
funding or resources for a municipal or county law enforcement
agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Local Government Code, is
amended by adding Chapter 135 to read as follows:
CHAPTER 135. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR LAW
ENFORCEMENT AGENCIES
Sec. 135.001. ELECTION REQUIRED. (a) A municipality or
county shall hold an election in accordance with this chapter if the
municipality or county proposes to adopt a budget for a fiscal year
that, compared to the budget adopted by the municipality or county
for the preceding fiscal year:
(1) reduces for a law enforcement agency:
(A) the appropriation to the agency as a
percentage of the total budget;
(B) the number of peace officers the agency is
authorized to employ per 1,000 municipal or county residents, as
applicable;
(C) the total amount of funding per peace officer
for peace officer overtime compensation; or
(D) the amount of funding per peace officer for
the recruitment and training of new peace officers to fill vacant
and new peace officer positions in the department; or
(2) reallocates funding or resources from one law
enforcement agency to another.
(b) A municipality or county may not adopt a budget with a
proposed reduction or reallocation described by Subsection (a)
until the municipality or county receives voter approval for the
proposed reduction or reallocation at an election held for that
purpose.
Sec. 135.002. BALLOT PROPOSITION REQUIREMENTS. A
municipality or county holding an election under this chapter shall
ensure that the ballot proposition for the election includes, as
applicable:
(1) a detailed explanation of each proposed reduction;
(2) the amount of each proposed reduction;
(3) the recipient of reallocated funding or resources;
(4) the impact on the local tax rate, if any; and
(5) the expected length of time that the proposed
reduction or reallocation will remain in effect.
Sec. 135.003. USE OF PUBLIC MONEY FOR CAMPAIGN PROHIBITED.
A municipality or county holding an election under this chapter may
not use public money on informational campaigns or advocacy related
to the proposed reduction or reallocation.
Sec. 135.004. COMPLAINT. A person who believes that a
municipality or county has violated this chapter may file a
complaint with the criminal justice division of the office of the
governor.
Sec. 135.005. COMPTROLLER INVESTIGATION AND WITHHOLDING OF
CERTAIN MONEY. (a) On request by the criminal justice division of
the office of the governor, the comptroller shall determine whether
a municipality or county has violated this chapter. The comptroller
shall issue a written determination to the governor, lieutenant
governor, and speaker of the house of representatives.
(b) Notwithstanding any other law, if the comptroller
determines that a municipality or county violated this chapter, the
municipality or county may not adopt a tax rate for the subsequent
municipal or county fiscal year that exceeds the municipality's or
county's tax rate on the date of the violation.
(c) A tax rate limitation described by Subsection (b)
becomes inapplicable on the earlier of:
(1) the date the comptroller issues a written
determination that the municipality or county has, as applicable:
(A) adopted a budget that reverses all funding
reductions, adjusted for inflation, and personnel reductions in
violation of this chapter; or
(B) restored reallocated funding or resources to
the original law enforcement agency; or
(2) the date the municipality or county receives voter
approval for the reduction or reallocation that violated this
chapter in an election held in accordance with this chapter.
SECTION 2. This Act takes effect September 1, 2021.