Texas 2021 - 87th Regular

Texas Senate Bill SB23 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 23
	1	+	87R24714 SCL-D
	2	+	By: Huffman, et al. S.B. No. 23
	3	+	(Oliverson, Harless)
	4	+	Substitute the following for S.B. No. 23: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to an election to approve a reduction or reallocation of
6	10		funding or resources for certain county law enforcement agencies.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Subtitle B, Title 4, Local Government Code, is
9	13		amended by adding Chapter 120 to read as follows:
10	14		CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR
11	15		CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES
12	16		Sec. 120.001. APPLICABILITY. This chapter applies only to
13	17		a county with a population of more than one million.
14	18		Sec. 120.002. ELECTION REQUIRED. (a) Except as provided by
15	19		Section 120.003, a county shall hold an election in accordance with
16	20		this chapter if the county adopts a budget for a fiscal year that,
17	21		compared to the budget adopted by the county for the preceding
18	22		fiscal year:
19		-	(1) reduces for a law enforcement agency, excluding a
20		-	9-1-1 call center, with primary responsibility for policing,
	23	+	(1) reduces for the law enforcement agency, excluding
	24	+	a 9-1-1 call center, with primary responsibility for policing,
21	25		criminal investigation, and answering calls for service:
22	26		(A) for a fiscal year in which the overall amount
23	27		of the budget is equal to or greater than the amount for the
24	28		preceding fiscal year, the appropriation to the agency;
25	29		(B) for a fiscal year in which the overall amount
26	30		of the budget is less than the amount for the preceding fiscal year,
27	31		the appropriation to the agency as a percentage of the total budget;
28	32		(C) as applicable:
29	33		(i) if the county has not declined in
30	34		population since the preceding fiscal year, the number of peace
31	35		officer positions, excluding detention officer positions; or
32	36		(ii) if the county has declined in
33	37		population since the preceding fiscal year, the number of peace
34	38		officer positions, excluding detention officer positions, the law
35	39		enforcement agency is authorized to employ per 1,000 county
36	40		residents; or
37	41		(D) the amount of funding per peace officer for
38	42		the recruitment and training of new peace officers to fill vacant
39	43		and new peace officer positions in the agency; or
40	44		(2) reallocates funding or resources to another law
41	45		enforcement agency.
42	46		(b) A county may not implement a proposed reduction or
43	47		reallocation described by Subsection (a) until the county receives
44	48		voter approval for the proposed reduction or reallocation at an
45	49		election held for that purpose. The county may, at any time, order
46	50		the election to be held on the 30th day after the date the county
47	51		orders the election. Section 41.001, Election Code, does not apply
48	52		to an election under this subsection.
49	53		(c) For purposes of this section, a county budget does not
50	54		include:
51	55		(1) a one-time extraordinary expense, as determined by
52	56		the comptroller, that is outside the normal costs of operating a law
53	57		enforcement agency, including purchasing a fleet of law enforcement
54	58		vehicles or constructing an additional training academy;
55	59		(2) revenues used to repay voter-approved bonded
56	60		indebtedness incurred for a law enforcement purpose;
57	61		(3) detention officer compensation; or
58	62		(4) a donation or state or federal grant to the
59	63		county's law enforcement agency.
60	64		Sec. 120.003. DISASTER EXCEPTION. Section 120.002 does not
61	65		apply to a county budget adopted for a fiscal year in which, or the
62	66		two fiscal years following the fiscal year in which, a significant
63	67		budget reduction from the preceding fiscal year was caused by a
64	68		disaster, including a tornado, hurricane, flood, wildfire, or other
65	69		calamity, but not including a drought, epidemic, or pandemic, in an
66	70		area of the county that was the subject of a disaster declaration by
67	71		the governor under Chapter 418, Government Code, or by the
68	72		president of the United States.
69	73		Sec. 120.004. BALLOT PROPOSITION REQUIREMENTS. A county
70	74		holding an election under this chapter shall ensure that the ballot
71	75		proposition for the election includes, as applicable:
72	76		(1) a detailed explanation of each proposed reduction;
73	77		(2) the amount of each proposed reduction;
74	78		(3) the recipient of reallocated funding or resources;
75	79		(4) the impact on the local tax rate, if any; and
76	80		(5) the expected length of time that the proposed
77	81		reduction or reallocation will remain in effect.
78	82		Sec. 120.005. USE OF PUBLIC MONEY FOR CAMPAIGN PROHIBITED.
79	83		A county holding an election under this chapter may not use public
80	84		money on promotional campaigns or advocacy related to the proposed
81	85		reduction or reallocation. This section may not be construed to
82	86		prevent a county official or employee from communicating factual
83	87		information about a proposed budget or the reasoning behind a
84	88		proposed budget to the voters in the county.
85	89		Sec. 120.006. COMPLAINT. (a) A person who believes that a
86	90		county has implemented a proposed reduction or reallocation
87	91		described by Section 120.002(a) without the required voter approval
88	92		and who resides in the county may file a complaint with the criminal
89	93		justice division of the office of the governor.
90	94		(b) The criminal justice division of the office of the
91	95		governor shall determine whether a complaint filed under Subsection
92	96		(a) is potentially valid or frivolous or false.
93	97		(c) The criminal justice division of the office of the
94	98		governor shall provide written notice of a potentially valid
95	99		complaint filed under Subsection (a) to the county that is the
96	100		subject of the complaint. The division shall provide the county an
97	101		opportunity to correct the action that is the subject of the
98	102		complaint before referring the complaint to the comptroller.
99	103		Sec. 120.007. COMPTROLLER INVESTIGATION; TAX RATE
100	104		LIMITATION. (a) On request by the criminal justice division of the
101	105		office of the governor, the comptroller shall determine whether a
102	106		county has implemented a proposed reduction or reallocation
103	107		described by Section 120.002(a) without the required voter
104	108		approval. The comptroller shall issue a written determination to
105	109		the governor, lieutenant governor, speaker of the house of
106	110		representatives, and governing body of the county.
107	111		(b) The comptroller may require a county to submit
108	112		information for the current or preceding fiscal year to assist the
109	113		comptroller's investigation under this section.
110	114		(c) Notwithstanding any other law, if the comptroller
111	115		determines that a county implemented a proposed reduction or
112	116		reallocation described by Section 120.002(a) without the required
113	117		voter approval, the county may not adopt an ad valorem tax rate that
114	118		exceeds the county's no-new-revenue tax rate until the earlier of:
115	119		(1) the date the comptroller issues a written
116	120		determination that the county has, as applicable:
117	121		(A) reversed each funding reduction, adjusted
118	122		for inflation, and personnel reduction that was a subject of the
119	123		determination; or
120	124		(B) restored all reallocated funding and
121	125		resources that were subjects of the determination to the original
122	126		law enforcement agency; or
123	127		(2) the date on which each reduction and reallocation
124	128		that was a subject of the determination has been approved in an
125	129		election held in accordance with this chapter.
126	130		(d) For purposes of making the calculation required under
127	131		Section 26.013, Tax Code, in a tax year the comptroller determines
128	132		that a county implemented a proposed reduction or reallocation
129	133		described by Section 120.002(a) without the required voter
130	134		approval, the difference between the actual tax rate and
131	135		voter-approval tax rate is considered to be zero.
132	136		SECTION 2. This Act takes effect January 1, 2022.
133		-	______________________________ ______________________________
134		-	President of the Senate Speaker of the House
135		-	I hereby certify that S.B. No. 23 passed the Senate on
136		-	April 13, 2021, by the following vote: Yeas 28, Nays 2, one
137		-	present not voting; May 27, 2021, Senate refused to concur in House
138		-	amendments and requested appointment of Conference Committee;
139		-	May 28, 2021, House granted request of the Senate; May 30, 2021,
140		-	Senate adopted Conference Committee Report by the following
141		-	vote: Yeas 27, Nays 4.
142		-	______________________________
143		-	Secretary of the Senate
144		-	I hereby certify that S.B. No. 23 passed the House, with
145		-	amendments, on May 25, 2021, by the following vote: Yeas 86,
146		-	Nays 59, one present not voting; May 28, 2021, House granted
147		-	request of the Senate for appointment of Conference Committee;
148		-	May 30, 2021, House adopted Conference Committee Report by the
149		-	following vote: Yeas 112, Nays 26, two present not voting.
150		-	______________________________
151		-	Chief Clerk of the House
152		-	Approved:
153		-	______________________________
154		-	Date
155		-	______________________________
156		-	Governor