| 1 | 1 | | 88R8959 KBB-D |
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| 2 | 2 | | By: Tinderholt H.B. No. 4729 |
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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 amounts budgeted by certain political subdivisions |
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| 8 | 8 | | for fire protection, law enforcement, or emergency medical |
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| 9 | 9 | | services. |
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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 140, Local Government Code, is amended |
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| 12 | 12 | | by adding Section 140.0046 to read as follows: |
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| 13 | 13 | | Sec. 140.0046. LIMITATION ON AUTHORITY TO REDUCE BUDGET FOR |
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| 14 | 14 | | PUBLIC SAFETY SERVICES. (a) In this section: |
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| 15 | 15 | | (1) "Comparable service" means: |
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| 16 | 16 | | (A) the services provided by a department or |
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| 17 | 17 | | similar unit of a political subdivision that are identifiable in |
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| 18 | 18 | | the political subdivision's budget, if the political subdivision is |
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| 19 | 19 | | separated into departments or similar units; or |
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| 20 | 20 | | (B) a service provided by a political subdivision |
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| 21 | 21 | | that is identifiable in the political subdivision's budget, if the |
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| 22 | 22 | | political subdivision is not separated into units described by |
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| 23 | 23 | | Paragraph (A). |
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| 24 | 24 | | (2) "Public safety service" means a fire protection, |
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| 25 | 25 | | law enforcement, or emergency medical service. |
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| 26 | 26 | | (b) This section does not apply to a school district. |
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| 27 | 27 | | (c) Except as provided by Subsection (d), a political |
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| 28 | 28 | | subdivision may not adopt a budget that allocates an amount of money |
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| 29 | 29 | | to provide a public safety service that is less than the amount |
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| 30 | 30 | | allocated to provide that service in the preceding fiscal year if: |
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| 31 | 31 | | (1) the reduction in the amount of money allocated to |
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| 32 | 32 | | provide the public safety service is greater than the reduction in |
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| 33 | 33 | | the amount of money allocated in that budget to provide a comparable |
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| 34 | 34 | | service if compared to the amounts allocated to provide those |
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| 35 | 35 | | services in the preceding fiscal year; and |
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| 36 | 36 | | (2) the percentage difference between the amount of |
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| 37 | 37 | | money allocated in that budget to provide the public safety service |
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| 38 | 38 | | and the amount allocated to provide that service in the preceding |
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| 39 | 39 | | fiscal year is greater than the percentage difference between the |
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| 40 | 40 | | amount of money allocated in that budget to provide the comparable |
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| 41 | 41 | | service and the amount allocated to provide that comparable service |
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| 42 | 42 | | in the preceding fiscal year. |
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| 43 | 43 | | (d) A political subdivision may adopt a budget that does not |
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| 44 | 44 | | meet the requirements of Subsection (c) as it relates to a public |
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| 45 | 45 | | safety service if the political subdivision will not provide that |
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| 46 | 46 | | service in the fiscal year for which the budget is adopted. |
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| 47 | 47 | | (e) For purposes of this section, the amount of money |
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| 48 | 48 | | allocated to provide a service includes all maintenance, |
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| 49 | 49 | | operations, and debt service costs associated with providing the |
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| 50 | 50 | | service. |
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| 51 | 51 | | SECTION 2. The change in law made by this Act applies only |
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| 52 | 52 | | to a budget adopted by a political subdivision on or after the |
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| 53 | 53 | | effective date of this Act. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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