Texas 2023 - 88th 3rd C.S.

Texas House Bill HB169 Compare Versions

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1	1	By: Guillen H.B. No. 169
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of a grant program to provide
7	7	financial assistance to qualified sheriff's departments in certain
8	8	rural counties; making an appropriation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. LEGISLATIVE FINDINGS
11	11	SECTION 1.01. The legislature finds that:
12	12	(1) the legislature acting with the governor has the
13	13	solemn duty to protect the citizens of this state;
14	14	(2) many rural counties of this state are experiencing
15	15	rapid population growth due to the influx of individuals from
16	16	metropolitan areas and from outside the state;
17	17	(3) many of these individuals settle in developments
18	18	like Colony Ridge in Liberty County, leading to population growth
19	19	and population density previously unseen in these rural counties;
20	20	and
21	21	(4) the increases in population and density strain the
22	22	resources of these rural counties to provide adequate public
23	23	services to their citizens, particularly when it comes to providing
24	24	law enforcement in unincorporated areas of the county.
25	25	ARTICLE 2. RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF
26	26	SECTION 2.01. Subchapter Z, Chapter 130, Local Government
27	27	Code, is amended by adding Section 130.914 to read as follows:
28	28	Sec. 130.914. RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF GRANT
29	29	PROGRAM. (a) In this section:
30	30	(1) "Grant" means a grant authorized to be awarded by
31	31	the comptroller under the rural sheriff's deputy shortage relief
32	32	grant program established by this section.
33	33	(2) "Qualified county" means a county:
34	34	(A) with a population of 300,000 or less; and
35	35	(B) for which on January 1, 2024, the ratio of the
36	36	number of deputy sheriffs who make motor vehicle stops in the
37	37	routine performance of the deputies' duties to the number of
38	38	residents of the unincorporated areas of the county on that date, as
39	39	determined by population estimates provided by the state
40	40	demographer under Section 468.004, Government Code, is less than 15
41	41	deputies to each 10,000 residents.
42	42	(3) "Qualified deputy position" means a deputy sheriff
43	43	position in a qualified county that:
44	44	(A) is held or will be held by a deputy sheriff
45	45	who makes motor vehicle stops in the routine performance of the
46	46	deputy's duties;
47	47	(B) is in addition to a deputy sheriff position
48	48	held in the county on January 1, 2024; and
49	49	(C) when aggregated with each other qualified
50	50	deputy position would result in a number of deputy sheriffs who
51	51	perform the duty described by Paragraph (A) equal to the number of
52	52	deputies needed to meet the ratio of 15 deputies to each 10,000
53	53	residents, calculated as described by Subdivision (2)(B) as of
54	54	January 1, 2024.
55	55	(b) The comptroller shall establish and administer the
56	56	rural sheriff's deputy shortage relief grant program to support
57	57	the state purpose of ensuring professional law enforcement
58	58	throughout the state by providing financial assistance to
59	59	sheriff's departments in qualified counties.
60	60	(c) Not later than the 30th day after the first day of a
61	61	qualified county's fiscal year, the county may submit an
62	62	application for a grant to the comptroller. The county must
63	63	indicate in the application the number of qualified deputy
64	64	positions the county is requesting for inclusion in the
65	65	determination of the amount of the grant for that fiscal year and
66	66	the number for which the county is requesting additional funds
67	67	described by Subsection (d)(2). A county may submit only one
68	68	application each fiscal year.
69	69	(d) The comptroller shall award a grant to a qualified
70	70	county that applies for the grant using money appropriated to the
71	71	comptroller for that purpose. The grant must be in the following
72	72	amount:
73	73	(1) $50,000 for each qualified deputy position
74	74	indicated by the county in the application for that fiscal year; and
75	75	(2) an additional $50,000 for each qualified deputy
76	76	position indicated in the application for that fiscal year, unless
77	77	the county has received a grant under this subdivision for that
78	78	position in a preceding fiscal year.
79	79	(e) A county that is awarded a grant shall use or authorize
80	80	the use of the grant money only:
81	81	(1) to provide to each deputy sheriff who fills a
82	82	qualified deputy position a minimum annual salary of at least
83	83	$45,000; and
84	84	(2) subject to Subsection (f), to purchase vehicles,
85	85	firearms, and safety equipment for the use of a deputy sheriff who
86	86	fills a qualified deputy position.
87	87	(f) A county that is awarded a grant may not use or authorize
88	88	the use of the grant money for a purpose other than prescribed by
89	89	Subsection (e)(1) until that requirement is satisfied.
90	90	(g) A county that is awarded a grant may not reduce the
91	91	sheriff's department budget for the county's fiscal year following
92	92	the fiscal year in which the comptroller awards the grant.
93	93	(h) Subject to Subsections (h-1) and (i), a county that
94	94	received a grant under this subdivision in a preceding fiscal year
95	95	is eligible for an award if it maintains the ratio of the number of
96	96	deputy sheriffs who make motor vehicle stops in the routine
97	97	performance of the deputies' duties to the number of residents of
98	98	the unincorporated areas of the county for the calendar year the
99	99	application is made, as determined by population estimates provided
100	100	by the state demographer under Section 468.004, Government Code,
101	101	equal to or above 15 deputies to each 10,000 residents.
102	102	(h-1) Subsection (h) only applies to a county that received
103	103	a grant under this subdivision in a preceding fiscal year and its
104	104	ratio of the number of deputy sheriffs who make motor vehicle stops
105	105	in the routine performance of the deputies' duties to the number of
106	106	residents of the unincorporated areas of the county for that
107	107	preceding fiscal year was, as determined by population estimates
108	108	provided by the state demographer under Section 468.004, Government
109	109	Code, equal to or above 15 deputies to each 10,000 residents.
110	110	(i) For a county that has received a grant under this
111	111	subdivision in a preceding fiscal year and applies for an award
112	112	under this subdivision, if the ratio of the number of deputy
113	113	sheriffs who make motor vehicle stops in the routine performance of
114	114	the deputies' duties to the number of residents of the
115	115	unincorporated areas of the county for the calendar year the
116	116	application is made, as determined by population estimates provided
117	117	by the state demographer under Section 468.004, Government Code, is
118	118	above 16 deputies to each 10,000 residents, any award shall be
119	119	reduced in $50,000 increments for every deputy sheriff who makes
120	120	motor vehicle stops in the routine performance of the deputies'
121	121	duties above 16 deputies to each 10,000 residents.
122	122	(j) The comptroller shall adopt rules necessary to
123	123	implement this section, including rules that establish:
124	124	(1) a standardized application process, including the
125	125	form to be used to apply for a grant and the manner of submitting the
126	126	form;
127	127	(2) deadlines for:
128	128	(A) applying for the grant;
129	129	(B) disbursement of grant money; and
130	130	(C) spending grant money; and
131	131	(3) procedures for:
132	132	(A) monitoring the disbursement of grant money to
133	133	ensure compliance with this section; and
134	134	(B) the return of grant money that was not used by
135	135	a county for a purpose authorized by this section.
136	136	ARTICLE 3. APPROPRIATION
137	137	SECTION 3.01. APPROPRIATION TO THE COMPTROLLER OF PUBLIC
138	138	ACCOUNTS. The amount of $100,000,000 is appropriated from the
139	139	general revenue fund to the Fiscal Programs within the Comptroller
140	140	of Public Accounts for use during the two-year period beginning on
141	141	the effective date of this Act for the establishment of a grant
142	142	program to provide financial assistance to qualified sheriff's
143	143	departments in certain rural counties.
144	144	ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
145	145	SECTION 4.01. A qualified county, as defined by Section
146	146	130.914, Local Government Code, as added by this Act, may not apply
147	147	for a grant under that section before March 1, 2024.
148	148	SECTION 4.02. Not later than March 1, 2024, the comptroller
149	149	of public accounts shall comply with the requirements of Section
150	150	130.914, Local Government Code, as added by this Act.
151	151	SECTION 4.03. This Act takes effect immediately if it
152	152	receives a vote of two-thirds of all the members elected to each
153	153	house, as provided by Section 39, Article III, Texas Constitution.
154	154	If this Act does not receive the vote necessary for immediate
155	155	effect, this Act takes effect on the 91st day after the last day of
156	156	the legislative session.