Texas 2023 - 88th 4th C.S.

Texas House Bill HB18 Compare Versions

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1	1	By: Guillen H.B. No. 18
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) "Deputy-to-resident ratio" means the ratio of the
31	31	number of deputy sheriffs to the number of residents of the
32	32	unincorporated areas of the county, as determined by the population
33	33	estimates provided by the state demographer under Section 468.004,
34	34	Government Code.
35	35	(2) "Grant" means a grant authorized to be awarded by
36	36	the comptroller under the rural sheriff's deputy shortage relief
37	37	grant program established by this section.
38	38	(3) "Qualified county" means a county:
39	39	(A) with a population of 300,000 or less; and
40	40	(B) for which on January 1, 2024, the
41	41	deputy-to-resident ratio is less than 15 to 10,000.
42	42	(4) "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 deputy-to-resident ratio of 15 to
51	51	10,000, determined as of January 1, 2024.
52	52	(b) The comptroller shall establish and administer the
53	53	rural sheriff's deputy shortage relief grant program to support the
54	54	state purpose of ensuring professional law enforcement throughout
55	55	the state by providing financial assistance to sheriff's
56	56	departments in qualified counties.
57	57	(c) Not later than the 30th day after the first day of a
58	58	qualified county's fiscal year, the county may submit an
59	59	application for a grant to the comptroller. The county must
60	60	indicate in the application the number of qualified deputy
61	61	positions the county is requesting for inclusion in the
62	62	determination of the amount of the grant for that fiscal year and
63	63	the number for which the county is requesting additional funds
64	64	described by Subsection (d)(2). A county may submit only one
65	65	application each fiscal year.
66	66	(d) Subject to Subsections (e), (f), and (j), the
67	67	comptroller shall award a grant to a qualified county that applies
68	68	for the grant using money appropriated to the comptroller for that
69	69	purpose. The grant must be in the following amount:
70	70	(1) $50,000 for each qualified deputy position
71	71	indicated by the county in the application for that fiscal year; and
72	72	(2) an additional $50,000 for each qualified deputy
73	73	position indicated in the application for that fiscal year, unless
74	74	the county has received a grant under this subdivision for that
75	75	position in a preceding fiscal year.
76	76	(e) This subsection applies only to a fiscal year of a
77	77	qualified county that meets the deputy-to-resident ratio described
78	78	by Subsection (a)(4)(C) during a calendar year that begins on or
79	79	after January 1, 2024, but before the calendar year in which the
80	80	fiscal year begins. A qualified county is not eligible to receive a
81	81	grant under this section for a fiscal year unless the county adopts
82	82	a budget for the fiscal year that provides for the employment of a
83	83	number of deputy sheriffs necessary to meet the deputy-to-resident
84	84	ratio of at least 15 to 10,000, determined as of January 1 of the
85	85	calendar year in which the fiscal year begins.
86	86	(f) This subsection applies only to a fiscal year of a
87	87	qualified county for which the number of qualified deputy positions
88	88	the county is otherwise entitled to receive a grant for under this
89	89	section is greater than the number of qualified deputy positions
90	90	the county would be entitled to receive a grant for under this
91	91	section if the deputy-to-resident ratio described by Subsection
92	92	(a)(4)(C) is determined as of January 1 of the calendar year in
93	93	which the fiscal year begins instead of January 1, 2024. A qualified
94	94	county is entitled to receive a grant under this section only for
95	95	the number of qualified deputy positions the county would be
96	96	entitled to receive a grant for if the deputy-to-resident ratio
97	97	described by Subsection (a)(4)(C) is determined as of January 1 of
98	98	the calendar year in which the fiscal year begins instead of January
99	99	1, 2024.
100	100	(g) A county that is awarded a grant shall use or authorize
101	101	the use of the grant money only:
102	102	(1) to provide to each deputy sheriff who fills a
103	103	qualified deputy position a minimum annual salary of at least
104	104	$45,000; and
105	105	(2) subject to Subsection (h), to purchase vehicles,
106	106	firearms, and safety equipment for the use of a deputy sheriff who
107	107	fills a qualified deputy position.
108	108	(h) A county that is awarded a grant may not use or authorize
109	109	the use of the grant money for a purpose other than prescribed by
110	110	Subsection (g)(1) until that requirement is satisfied.
111	111	(i) A county that is awarded a grant may not reduce the
112	112	sheriff's department budget for the county's fiscal year following
113	113	the fiscal year in which the comptroller awards the grant.
114	114	(k) The total amount that may be used to provide grants
115	115	under Subsection (d) may not exceed $50 million per fiscal year. If
116	116	the total amount of grants to which the qualified counties are
117	117	entitled under Subsection (d) for a fiscal year exceeds the amount
118	118	permitted under this subsection, the comptroller shall
119	119	proportionately reduce each qualified county’s grant award under
120	120	this section by reducing the number of awards under Subsection
121	121	(d)(1) and (d)(2).
122	122	(k) 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. On the effective date of this Act, the amount
138	138	of $100,000,000 is appropriated from the general revenue fund to
139	139	the Fiscal Programs-Comptroller of Public Accounts for use during
140	140	the two-year period beginning on the effective date of this Act for
141	141	a use or purpose described by Section 130.914, Local Government
142	142	Code, as added by this Act.
143	143	ARTICLE 4. TRANSITIONS AND EFFECTIVE DATE
144	144	SECTION 4.01. A qualified county, as defined by Section
145	145	130.914, Local Government Code, as added by this Act, may not apply
146	146	for a grant under that section before April 1, 2024.
147	147	SECTION 4.02. Not later than April 1, 2024, the comptroller
148	148	of public accounts shall comply with the requirements of Section
149	149	130.914, Local Government Code, as added by this Act.
150	150	SECTION 4.03. This Act takes effect immediately if it
151	151	receives a vote of two-thirds of all the members elected to each
152	152	house, as provided by Section 39, Article III, Texas Constitution.
153	153	If this Act does not receive the vote necessary for immediate
154	154	effect, this Act takes effect on the 91st day after the last day of
155	155	the legislative session.