88R5710 MP-F
By: Sherman, Sr. H.B. No. 1354
A BILL TO BE ENTITLED
AN ACT
relating to the salaries of members of certain municipal police
departments and to state assistance payments to offset the cost of
those salaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 141, Local Government Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. MINIMUM SALARY OF POLICE DEPARTMENT MEMBERS IN
CERTAIN MUNICIPALITIES
Sec. 141.051. DEFINITION. In this subchapter,
"dishonorably discharged" has the meaning assigned by Section
1701.452, Occupations Code.
Sec. 141.052. APPLICABILITY. This subchapter applies only
to a municipality with a population of 5,000 or less.
Sec. 141.053. MINIMUM SALARY; ELIGIBILITY. (a)
Notwithstanding any other law, the governing body of a municipality
shall provide for each municipal fiscal year a salary of at least
$55,000 to each eligible member of the police department.
(b) To be eligible for the minimum salary under this
section, a member of the police department must:
(1) be a full-time employee; and
(2) annually file with the municipality an affidavit
in the form and manner prescribed by the municipality stating that
the member:
(A) has never been dishonorably discharged by any
law enforcement agency; and
(B) is not currently under investigation for
alleged misconduct for which the member may be dishonorably
discharged.
Sec. 141.054. STATE FINANCIAL ASSISTANCE TO PAY MINIMUM
SALARIES. (a) To serve the state purpose of ensuring professional
law enforcement throughout the state, a municipality is entitled to
an assistance payment from the state for each municipal fiscal year
to assist the municipality in paying the minimum salary required by
Section 141.053 for each eligible member of the police department
in the municipality. A municipality is entitled to the assistance
payment in an amount that equals the difference of $55,000 and the
member's salary as paid by the municipality.
(b) The governing body of the municipality may not reduce
the portion of a salary paid to a member of the police department by
the municipality as a result of receiving an assistance payment for
that member.
(c) Not later than the 30th day after the first day of a
municipality's fiscal year, the municipality must submit an
application to the comptroller in the form and manner prescribed by
comptroller rule to receive the assistance payment. The
application must include an affidavit described by Section
141.053(b)(2) for each member of the police department in the
municipality for whom the municipality is applying for an
assistance payment.
(d) The comptroller shall remit the applicable assistance
payment to which a municipality is entitled from available state
money not later than the 30th day after the date the comptroller
receives the municipality's completed application for the
assistance payment.
(e) The comptroller shall adopt rules necessary to
implement this section.
SECTION 2. The changes in law made by this Act apply only to
a municipal fiscal year that begins on or after January 1, 2024.
SECTION 3. Not later than January 1, 2024, the comptroller
of public accounts shall adopt rules as required by Section
141.054(e), Local Government Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.