By: Guillen H.B. No. 169
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a grant program to provide
financial assistance to qualified sheriff's departments in certain
rural counties; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LEGISLATIVE FINDINGS
SECTION 1.01. The legislature finds that:
(1) the legislature acting with the governor has the
solemn duty to protect the citizens of this state;
(2) many rural counties of this state are experiencing
rapid population growth due to the influx of individuals from
metropolitan areas and from outside the state;
(3) many of these individuals settle in developments
like Colony Ridge in Liberty County, leading to population growth
and population density previously unseen in these rural counties;
and
(4) the increases in population and density strain the
resources of these rural counties to provide adequate public
services to their citizens, particularly when it comes to providing
law enforcement in unincorporated areas of the county.
ARTICLE 2. RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF
SECTION 2.01. Subchapter Z, Chapter 130, Local Government
Code, is amended by adding Section 130.914 to read as follows:
Sec. 130.914. RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF GRANT
PROGRAM. (a) In this section:
(1) "Grant" means a grant authorized to be awarded by
the comptroller under the rural sheriff's deputy shortage relief
grant program established by this section.
(2) "Qualified county" means a county:
(A) with a population of 300,000 or less; and
(B) for which on January 1, 2024, the ratio of the
number of deputy sheriffs who make motor vehicle stops in the
routine performance of the deputies' duties to the number of
residents of the unincorporated areas of the county on that date, as
determined by population estimates provided by the state
demographer under Section 468.004, Government Code, is less than 15
deputies to each 10,000 residents.
(3) "Qualified deputy position" means a deputy sheriff
position in a qualified county that:
(A) is held or will be held by a deputy sheriff
who makes motor vehicle stops in the routine performance of the
deputy's duties;
(B) is in addition to a deputy sheriff position
held in the county on January 1, 2024; and
(C) when aggregated with each other qualified
deputy position would result in a number of deputy sheriffs who
perform the duty described by Paragraph (A) equal to the number of
deputies needed to meet the ratio of 15 deputies to each 10,000
residents, calculated as described by Subdivision (2)(B) as of
January 1, 2024.
(b) The comptroller shall establish and administer the
rural sheriff's deputy shortage relief grant program to support
the state purpose of ensuring professional law enforcement
throughout the state by providing financial assistance to
sheriff's departments in qualified counties.
(c) Not later than the 30th day after the first day of a
qualified county's fiscal year, the county may submit an
application for a grant to the comptroller. The county must
indicate in the application the number of qualified deputy
positions the county is requesting for inclusion in the
determination of the amount of the grant for that fiscal year and
the number for which the county is requesting additional funds
described by Subsection (d)(2). A county may submit only one
application each fiscal year.
(d) The comptroller shall award a grant to a qualified
county that applies for the grant using money appropriated to the
comptroller for that purpose. The grant must be in the following
amount:
(1) $50,000 for each qualified deputy position
indicated by the county in the application for that fiscal year; and
(2) an additional $50,000 for each qualified deputy
position indicated in the application for that fiscal year, unless
the county has received a grant under this subdivision for that
position in a preceding fiscal year.
(e) A county that is awarded a grant shall use or authorize
the use of the grant money only:
(1) to provide to each deputy sheriff who fills a
qualified deputy position a minimum annual salary of at least
$45,000; and
(2) subject to Subsection (f), to purchase vehicles,
firearms, and safety equipment for the use of a deputy sheriff who
fills a qualified deputy position.
(f) A county that is awarded a grant may not use or authorize
the use of the grant money for a purpose other than prescribed by
Subsection (e)(1) until that requirement is satisfied.
(g) A county that is awarded a grant may not reduce the
sheriff's department budget for the county's fiscal year following
the fiscal year in which the comptroller awards the grant.
(h) Subject to Subsections (h-1) and (i), a county that
received a grant under this subdivision in a preceding fiscal year
is eligible for an award if it maintains the ratio of the number of
deputy sheriffs who make motor vehicle stops in the routine
performance of the deputies' duties to the number of residents of
the unincorporated areas of the county for the calendar year the
application is made, as determined by population estimates provided
by the state demographer under Section 468.004, Government Code,
equal to or above 15 deputies to each 10,000 residents.
(h-1) Subsection (h) only applies to a county that received
a grant under this subdivision in a preceding fiscal year and its
ratio of the number of deputy sheriffs who make motor vehicle stops
in the routine performance of the deputies' duties to the number of
residents of the unincorporated areas of the county for that
preceding fiscal year was, as determined by population estimates
provided by the state demographer under Section 468.004, Government
Code, equal to or above 15 deputies to each 10,000 residents.
(i) For a county that has received a grant under this
subdivision in a preceding fiscal year and applies for an award
under this subdivision, if the ratio of the number of deputy
sheriffs who make motor vehicle stops in the routine performance of
the deputies' duties to the number of residents of the
unincorporated areas of the county for the calendar year the
application is made, as determined by population estimates provided
by the state demographer under Section 468.004, Government Code, is
above 16 deputies to each 10,000 residents, any award shall be
reduced in $50,000 increments for every deputy sheriff who makes
motor vehicle stops in the routine performance of the deputies'
duties above 16 deputies to each 10,000 residents.
(j) The comptroller shall adopt rules necessary to
implement this section, including rules that establish:
(1) a standardized application process, including the
form to be used to apply for a grant and the manner of submitting the
form;
(2) deadlines for:
(A) applying for the grant;
(B) disbursement of grant money; and
(C) spending grant money; and
(3) procedures for:
(A) monitoring the disbursement of grant money to
ensure compliance with this section; and
(B) the return of grant money that was not used by
a county for a purpose authorized by this section.
ARTICLE 3. APPROPRIATION
SECTION 3.01. APPROPRIATION TO THE COMPTROLLER OF PUBLIC
ACCOUNTS. The amount of $100,000,000 is appropriated from the
general revenue fund to the Fiscal Programs within the Comptroller
of Public Accounts for use during the two-year period beginning on
the effective date of this Act for the establishment of a grant
program to provide financial assistance to qualified sheriff's
departments in certain rural counties.
ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
SECTION 4.01. A qualified county, as defined by Section
130.914, Local Government Code, as added by this Act, may not apply
for a grant under that section before March 1, 2024.
SECTION 4.02. Not later than March 1, 2024, the comptroller
of public accounts shall comply with the requirements of Section
130.914, Local Government Code, as added by this Act.
SECTION 4.03. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.