1 | 1 | | 88R5710 MP-F |
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2 | 2 | | By: Sherman, Sr. H.B. No. 1354 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the salaries of members of certain municipal police |
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8 | 8 | | departments and to state assistance payments to offset the cost of |
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9 | 9 | | those salaries. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 141, Local Government Code, is amended |
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12 | 12 | | by adding Subchapter C to read as follows: |
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13 | 13 | | SUBCHAPTER C. MINIMUM SALARY OF POLICE DEPARTMENT MEMBERS IN |
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14 | 14 | | CERTAIN MUNICIPALITIES |
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15 | 15 | | Sec. 141.051. DEFINITION. In this subchapter, |
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16 | 16 | | "dishonorably discharged" has the meaning assigned by Section |
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17 | 17 | | 1701.452, Occupations Code. |
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18 | 18 | | Sec. 141.052. APPLICABILITY. This subchapter applies only |
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19 | 19 | | to a municipality with a population of 5,000 or less. |
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20 | 20 | | Sec. 141.053. MINIMUM SALARY; ELIGIBILITY. (a) |
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21 | 21 | | Notwithstanding any other law, the governing body of a municipality |
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22 | 22 | | shall provide for each municipal fiscal year a salary of at least |
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23 | 23 | | $55,000 to each eligible member of the police department. |
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24 | 24 | | (b) To be eligible for the minimum salary under this |
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25 | 25 | | section, a member of the police department must: |
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26 | 26 | | (1) be a full-time employee; and |
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27 | 27 | | (2) annually file with the municipality an affidavit |
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28 | 28 | | in the form and manner prescribed by the municipality stating that |
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29 | 29 | | the member: |
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30 | 30 | | (A) has never been dishonorably discharged by any |
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31 | 31 | | law enforcement agency; and |
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32 | 32 | | (B) is not currently under investigation for |
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33 | 33 | | alleged misconduct for which the member may be dishonorably |
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34 | 34 | | discharged. |
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35 | 35 | | Sec. 141.054. STATE FINANCIAL ASSISTANCE TO PAY MINIMUM |
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36 | 36 | | SALARIES. (a) To serve the state purpose of ensuring professional |
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37 | 37 | | law enforcement throughout the state, a municipality is entitled to |
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38 | 38 | | an assistance payment from the state for each municipal fiscal year |
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39 | 39 | | to assist the municipality in paying the minimum salary required by |
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40 | 40 | | Section 141.053 for each eligible member of the police department |
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41 | 41 | | in the municipality. A municipality is entitled to the assistance |
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42 | 42 | | payment in an amount that equals the difference of $55,000 and the |
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43 | 43 | | member's salary as paid by the municipality. |
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44 | 44 | | (b) The governing body of the municipality may not reduce |
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45 | 45 | | the portion of a salary paid to a member of the police department by |
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46 | 46 | | the municipality as a result of receiving an assistance payment for |
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47 | 47 | | that member. |
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48 | 48 | | (c) Not later than the 30th day after the first day of a |
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49 | 49 | | municipality's fiscal year, the municipality must submit an |
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50 | 50 | | application to the comptroller in the form and manner prescribed by |
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51 | 51 | | comptroller rule to receive the assistance payment. The |
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52 | 52 | | application must include an affidavit described by Section |
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53 | 53 | | 141.053(b)(2) for each member of the police department in the |
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54 | 54 | | municipality for whom the municipality is applying for an |
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55 | 55 | | assistance payment. |
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56 | 56 | | (d) The comptroller shall remit the applicable assistance |
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57 | 57 | | payment to which a municipality is entitled from available state |
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58 | 58 | | money not later than the 30th day after the date the comptroller |
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59 | 59 | | receives the municipality's completed application for the |
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60 | 60 | | assistance payment. |
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61 | 61 | | (e) The comptroller shall adopt rules necessary to |
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62 | 62 | | implement this section. |
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63 | 63 | | SECTION 2. The changes in law made by this Act apply only to |
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64 | 64 | | a municipal fiscal year that begins on or after January 1, 2024. |
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65 | 65 | | SECTION 3. Not later than January 1, 2024, the comptroller |
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66 | 66 | | of public accounts shall adopt rules as required by Section |
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67 | 67 | | 141.054(e), Local Government Code, as added by this Act. |
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68 | 68 | | SECTION 4. This Act takes effect September 1, 2023. |
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