89R17671 MZM-F
By: Guillen, Morales of Maverick, et al. H.B. No. 318
Substitute the following for H.B. No. 318:
By: Bell of Montgomery C.S.H.B. No. 318
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of grant programs to provide
financial assistance to qualified sheriff's departments in certain
rural counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 130, Local Government
Code, is amended by adding Sections 130.9115 and 130.9116 to read as
follows:
Sec. 130.9115. RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF GRANT
PROGRAM. (a) In this section:
(1) "Deputy-to-resident ratio" means the ratio of the
number of deputy sheriffs to the number of residents of the
unincorporated areas of the county, as determined by the population
estimates provided by the state demographer under Section 468.004,
Government Code.
(2) "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.
(3) "Qualified county" means a county:
(A) with a population of 300,000 or less; and
(B) for which on January 1, 2025, the
deputy-to-resident ratio is less than 15 to 10,000.
(4) "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, 2025; and
(C) when aggregated with each other qualified
deputy position would result in a deputy-to-resident ratio of 15 to
10,000, determined as of January 1, 2025.
(5) "Qualified emergency dispatcher" means a person
who provides communication support services for a sheriff's office
by responding to requests for assistance in emergencies.
(6) "Qualified investigator position" has the meaning
assigned by Section 130.9116.
(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) Subject to Subsections (e), (f), and (j), 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;
(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;
(3) $50,000 for each qualified investigator position
indicated by the county in the application for that fiscal year
necessary for an investigator-to-patrol ratio, as defined by
Section 130.9116, of one to five after filling the qualified deputy
positions under the grant; and
(4) $35,000 for each qualified emergency dispatcher
indicated by the county in the application for that fiscal year.
(e) This subsection applies only to a fiscal year of a
qualified county that meets the deputy-to-resident ratio described
by Subsection (a)(4)(C) during a calendar year that begins on or
after January 1, 2025, but before the calendar year in which the
fiscal year begins. A qualified county is not eligible to receive a
grant under this section for a fiscal year unless the county adopts
a budget for the fiscal year that provides for the employment of a
number of deputy sheriffs necessary to meet the deputy-to-resident
ratio of at least 15 to 10,000, determined as of January 1 of the
calendar year in which the fiscal year begins.
(f) This subsection applies only to a fiscal year of a
qualified county for which the number of qualified deputy positions
the county is otherwise entitled to receive a grant for under this
section is greater than the number of qualified deputy positions
the county would be entitled to receive a grant for under this
section if the deputy-to-resident ratio described by Subsection
(a)(4)(C) is determined as of January 1 of the calendar year in
which the fiscal year begins instead of January 1, 2025. A
qualified county is entitled to receive a grant under this section
only for the number of qualified deputy positions the county would
be entitled to receive a grant for if the deputy-to-resident ratio
described by Subsection (a)(4)(C) is determined as of January 1 of
the calendar year in which the fiscal year begins instead of January
1, 2025.
(g) 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;
(2) to provide to each deputy sheriff who fills a
qualified investigator position a minimum annual salary of at least
$45,000;
(3) to provide to each dispatcher who fills a
qualified emergency dispatcher position a minimum annual salary of
at least $30,000; and
(4) to purchase vehicles, firearms, and safety
equipment for the use of a deputy sheriff who fills a qualified
deputy position.
(h) 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 (g)(1) until that requirement is satisfied.
(i) 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.
(j) The total dollar amount awarded under this section may
not exceed $100 million in a state fiscal year. If the total dollar
amount of grants to which counties are entitled under this section
exceeds the limitation under this subsection in a state fiscal
year, the comptroller shall proportionally reduce the amount of
each grant awarded so the limitation is not exceeded.
(k) 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;
(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; and
(4) standards to determine if an emergency dispatcher
is a qualified emergency dispatcher.
Sec. 130.9116. RURAL SHERIFF'S INVESTIGATOR 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 investigator shortage
relief grant program established by this section.
(2) "Investigator-to-patrol ratio" means the ratio of
the number of deputy sheriffs who conduct case investigations in
the routine performance of deputy duties to the number of deputy
sheriffs who make motor vehicle stops in the routine performance of
deputy duties.
(3) "Qualified county" means a county:
(A) with a population of 300,000 or less; and
(B) for which on January 1, 2025, the
investigator-to-patrol ratio is less than one to five.
(4) "Qualified investigative support staff member"
means a person who provides technical support services for a
qualified investigator in the investigation of an offense,
including a person who provides evidence testing or analysis
services.
(5) "Qualified investigator position" means a deputy
sheriff position in a qualified county that:
(A) is held or will be held by a deputy sheriff
who conducts case investigations 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, 2025; and
(C) when aggregated with each other qualified
investigator position would result in an investigator-to-patrol
ratio of one to five, determined as of January 1, 2025.
(b) The comptroller shall establish and administer the
rural sheriff's investigator 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 investigator
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) Subject to Subsections (e), (f), and (j), 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 investigator position
indicated by the county in the application for that fiscal year;
(2) an additional $50,000 for each qualified
investigator 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; and
(3) $35,000 for each qualified investigative support
staff member indicated by the county in the application for that
fiscal year.
(e) This subsection applies only to a fiscal year of a
qualified county that meets the investigator-to-patrol ratio
described by Subsection (a)(5)(C) during a calendar year that
begins on or after January 1, 2025, but before the calendar year in
which the fiscal year begins. A qualified county is not eligible to
receive a grant under this section for a fiscal year unless the
county adopts a budget for the fiscal year that provides for the
employment of a number of deputy sheriffs necessary to meet the
investigator-to-patrol ratio of at least one to five, determined as
of January 1 of the calendar year in which the fiscal year begins.
(f) This subsection applies only to a fiscal year of a
qualified county for which the number of qualified investigator
positions the county is otherwise entitled to receive a grant for
under this section is greater than the number of qualified
investigator positions the county would be entitled to receive a
grant for under this section if the investigator-to-patrol ratio
described by Subsection (a)(5)(C) is determined as of January 1 of
the calendar year in which the fiscal year begins instead of January
1, 2025. A qualified county is entitled to receive a grant under
this section only for the number of qualified investigator
positions the county would be entitled to receive a grant for if the
investigator-to-patrol ratio described by Subsection (a)(5)(C) is
determined as of January 1 of the calendar year in which the fiscal
year begins instead of January 1, 2025.
(g) 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 investigator position a minimum annual salary of at least
$45,000;
(2) to provide to each investigative support staff
member who fills a qualified investigative support staff position a
minimum annual salary of at least $30,000; and
(3) to purchase vehicles, firearms, investigative
tools, and safety equipment for the use of a deputy sheriff who
fills a qualified investigator position.
(h) 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 (g)(1) until that requirement is satisfied.
(i) 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.
(j) The total dollar amount awarded under this section may
not exceed $50 million in a state fiscal year. If the total dollar
amount of grants to which counties are entitled under this section
exceeds the limitation under this subsection in a state fiscal
year, the comptroller shall proportionally reduce the amount of
each grant awarded so the limitation is not exceeded.
(k) 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;
(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; and
(4) standards to determine if an investigative support
staff member is a qualified investigative support staff member.
SECTION 2. A qualified county, as defined by Section
130.9115, Local Government Code, as added by this Act, may not apply
for a grant under that section before January 1, 2026.
SECTION 3. A qualified county, as defined by Section
130.9116, Local Government Code, as added by this Act, may not apply
for a grant under that section before January 1, 2026.
SECTION 4. Not later than January 1, 2026, the comptroller
of public accounts shall comply with the requirements of Sections
130.9115 and 130.9116, Local Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2025.