S.B. No. 23
AN ACT
relating to an election to approve a reduction or reallocation of
funding or resources for certain county law enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Local Government Code, is
amended by adding Chapter 120 to read as follows:
CHAPTER 120. ELECTION FOR REDUCTION OF FUNDING OR RESOURCES FOR
CERTAIN PRIMARY LAW ENFORCEMENT AGENCIES
Sec. 120.001. APPLICABILITY. This chapter applies only to
a county with a population of more than one million.
Sec. 120.002. ELECTION REQUIRED. (a) Except as provided by
Section 120.003, a county shall hold an election in accordance with
this chapter if the county adopts a budget for a fiscal year that,
compared to the budget adopted by the county for the preceding
fiscal year:
(1) reduces for a law enforcement agency, excluding a
9-1-1 call center, with primary responsibility for policing,
criminal investigation, and answering calls for service:
(A) for a fiscal year in which the overall amount
of the budget is equal to or greater than the amount for the
preceding fiscal year, the appropriation to the agency;
(B) for a fiscal year in which the overall amount
of the budget is less than the amount for the preceding fiscal year,
the appropriation to the agency as a percentage of the total budget;
(C) as applicable:
(i) if the county has not declined in
population since the preceding fiscal year, the number of peace
officer positions, excluding detention officer positions; or
(ii) if the county has declined in
population since the preceding fiscal year, the number of peace
officer positions, excluding detention officer positions, the law
enforcement agency is authorized to employ per 1,000 county
residents; 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 agency; or
(2) reallocates funding or resources to another law
enforcement agency.
(b) A county may not implement a proposed reduction or
reallocation described by Subsection (a) until the county receives
voter approval for the proposed reduction or reallocation at an
election held for that purpose. The county may, at any time, order
the election to be held on the 30th day after the date the county
orders the election. Section 41.001, Election Code, does not apply
to an election under this subsection.
(c) For purposes of this section, a county budget does not
include:
(1) a one-time extraordinary expense, as determined by
the comptroller, that is outside the normal costs of operating a law
enforcement agency, including purchasing a fleet of law enforcement
vehicles or constructing an additional training academy;
(2) revenues used to repay voter-approved bonded
indebtedness incurred for a law enforcement purpose;
(3) detention officer compensation; or
(4) a donation or state or federal grant to the
county's law enforcement agency.
Sec. 120.003. DISASTER EXCEPTION. Section 120.002 does not
apply to a county budget adopted for a fiscal year in which, or the
two fiscal years following the fiscal year in which, a significant
budget reduction from the preceding fiscal year was caused by a
disaster, including a tornado, hurricane, flood, wildfire, or other
calamity, but not including a drought, epidemic, or pandemic, in an
area of the county that was the subject of a disaster declaration by
the governor under Chapter 418, Government Code, or by the
president of the United States.
Sec. 120.004. BALLOT PROPOSITION REQUIREMENTS. A 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. 120.005. USE OF PUBLIC MONEY FOR CAMPAIGN PROHIBITED.
A county holding an election under this chapter may not use public
money on promotional campaigns or advocacy related to the proposed
reduction or reallocation. This section may not be construed to
prevent a county official or employee from communicating factual
information about a proposed budget or the reasoning behind a
proposed budget to the voters in the county.
Sec. 120.006. COMPLAINT. (a) A person who believes that a
county has implemented a proposed reduction or reallocation
described by Section 120.002(a) without the required voter approval
and who resides in the county may file a complaint with the criminal
justice division of the office of the governor.
(b) The criminal justice division of the office of the
governor shall determine whether a complaint filed under Subsection
(a) is potentially valid or frivolous or false.
(c) The criminal justice division of the office of the
governor shall provide written notice of a potentially valid
complaint filed under Subsection (a) to the county that is the
subject of the complaint. The division shall provide the county an
opportunity to correct the action that is the subject of the
complaint before referring the complaint to the comptroller.
Sec. 120.007. COMPTROLLER INVESTIGATION; TAX RATE
LIMITATION. (a) On request by the criminal justice division of the
office of the governor, the comptroller shall determine whether a
county has implemented a proposed reduction or reallocation
described by Section 120.002(a) without the required voter
approval. The comptroller shall issue a written determination to
the governor, lieutenant governor, speaker of the house of
representatives, and governing body of the county.
(b) The comptroller may require a county to submit
information for the current or preceding fiscal year to assist the
comptroller's investigation under this section.
(c) Notwithstanding any other law, if the comptroller
determines that a county implemented a proposed reduction or
reallocation described by Section 120.002(a) without the required
voter approval, the county may not adopt an ad valorem tax rate that
exceeds the county's no-new-revenue tax rate until the earlier of:
(1) the date the comptroller issues a written
determination that the county has, as applicable:
(A) reversed each funding reduction, adjusted
for inflation, and personnel reduction that was a subject of the
determination; or
(B) restored all reallocated funding and
resources that were subjects of the determination to the original
law enforcement agency; or
(2) the date on which each reduction and reallocation
that was a subject of the determination has been approved in an
election held in accordance with this chapter.
(d) For purposes of making the calculation required under
Section 26.013, Tax Code, in a tax year the comptroller determines
that a county implemented a proposed reduction or reallocation
described by Section 120.002(a) without the required voter
approval, the difference between the actual tax rate and
voter-approval tax rate is considered to be zero.
SECTION 2. This Act takes effect January 1, 2022.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 23 passed the Senate on
April 13, 2021, by the following vote: Yeas 28, Nays 2, one
present not voting; May 27, 2021, Senate refused to concur in House
amendments and requested appointment of Conference Committee;
May 28, 2021, House granted request of the Senate; May 30, 2021,
Senate adopted Conference Committee Report by the following
vote: Yeas 27, Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 23 passed the House, with
amendments, on May 25, 2021, by the following vote: Yeas 86,
Nays 59, one present not voting; May 28, 2021, House granted
request of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 112, Nays 26, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor