| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 89R17671 MZM-F | |
| 1 | 2 | By: Guillen, Morales of Maverick, et al. H.B. No. 318 | |
| 3 | + | Substitute the following for H.B. No. 318: | |
| 4 | + | By: Bell of Montgomery C.S.H.B. No. 318 | |
| 2 | 5 | ||
| 3 | 6 | ||
| 4 | 7 | ||
| 5 | 8 | ||
| 6 | 9 | A BILL TO BE ENTITLED | |
| 7 | 10 | AN ACT | |
| 8 | 11 | relating to the establishment of grant programs to provide | |
| 9 | 12 | financial assistance to qualified sheriff's departments in certain | |
| 10 | 13 | rural counties. | |
| 11 | 14 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 15 | SECTION 1. Subchapter Z, Chapter 130, Local Government | |
| 13 | - | Code, is amended by adding Section 130.9115 to read as follows: | |
| 16 | + | Code, is amended by adding Sections 130.9115 and 130.9116 to read as | |
| 17 | + | follows: | |
| 14 | 18 | Sec. 130.9115. RURAL SHERIFF'S DEPUTY SHORTAGE RELIEF GRANT | |
| 15 | 19 | PROGRAM. (a) In this section: | |
| 16 | 20 | (1) "Deputy-to-resident ratio" means the ratio of the | |
| 17 | 21 | number of deputy sheriffs to the number of residents of the | |
| 18 | 22 | unincorporated areas of the county, as determined by the population | |
| 19 | 23 | estimates provided by the state demographer under Section 468.004, | |
| 20 | 24 | Government Code. | |
| 21 | 25 | (2) "Grant" means a grant authorized to be awarded by | |
| 22 | 26 | the comptroller under the rural sheriff's deputy shortage relief | |
| 23 | 27 | grant program established by this section. | |
| 24 | - | (3) "Investigative tool" means equipment, including | |
| 25 | - | software, used by a sheriff's office that is necessary for the | |
| 26 | - | investigation of cases. The term does not include services unless | |
| 27 | - | the services are purchased in connection with the purchase of | |
| 28 | - | tangible equipment. | |
| 29 | - | (4) "Investigator-to-patrol ratio" means the ratio of | |
| 30 | - | the number of deputy sheriffs who primarily conduct case | |
| 31 | - | investigations in the routine performance of the deputy's duties to | |
| 32 | - | the number of deputy sheriffs who primarily make motor vehicle | |
| 33 | - | stops in the routine performance of the deputy's duties. | |
| 34 | - | (5) "Qualified county" means a county: | |
| 28 | + | (3) "Qualified county" means a county: | |
| 35 | 29 | (A) with a population of 300,000 or less; and | |
| 36 | - | (B) for which on January 1, 2025: | |
| 37 | - | (i) the deputy-to-resident ratio is less | |
| 38 | - | than 15 to 10,000; or | |
| 39 | - | (ii) the investigator-to-patrol ratio is | |
| 40 | - | less than one to five. | |
| 41 | - | (6) "Qualified deputy position" means a deputy sheriff | |
| 30 | + | (B) for which on January 1, 2025, the | |
| 31 | + | deputy-to-resident ratio is less than 15 to 10,000. | |
| 32 | + | (4) "Qualified deputy position" means a deputy sheriff | |
| 42 | 33 | position in a qualified county that: | |
| 43 | 34 | (A) is held or will be held by a deputy sheriff | |
| 44 | - | who primarily makes motor vehicle stops in the routine performance | |
| 45 | - | of the deputy's duties; | |
| 46 | - | (B) is in addition to a deputy sheriff position | |
| 47 | - | held in the county on January 1, 2025; | |
| 48 | - | (C) is not considered a qualified investigator | |
| 49 | - | position; and | |
| 50 | - | (D) when aggregated with each other qualified | |
| 51 | - | deputy position would result in a deputy-to-resident ratio of 15 to | |
| 52 | - | 10,000, determined as of January 1, 2025. | |
| 53 | - | (7) "Qualified emergency dispatcher" means a person | |
| 54 | - | who primarily provides communication support services for a | |
| 55 | - | sheriff's office by responding to requests for assistance in | |
| 56 | - | emergencies. | |
| 57 | - | (8) "Qualified investigative support staff member" | |
| 58 | - | means a person who primarily provides technical support services | |
| 59 | - | for a qualified investigator in the investigation of an offense, | |
| 60 | - | including a person who provides evidence testing or analysis | |
| 61 | - | services. | |
| 62 | - | (9) "Qualified investigator position" means a deputy | |
| 63 | - | sheriff position in a qualified county that: | |
| 64 | - | (A) is held or will be held by a deputy sheriff | |
| 65 | - | who primarily conducts case investigations in the routine | |
| 66 | - | performance of the deputy's duties; | |
| 35 | + | who makes motor vehicle stops in the routine performance of the | |
| 36 | + | deputy's duties; | |
| 67 | 37 | (B) is in addition to a deputy sheriff position | |
| 68 | 38 | held in the county on January 1, 2025; and | |
| 69 | 39 | (C) when aggregated with each other qualified | |
| 70 | - | investigator position would result in an investigator-to-patrol | |
| 71 | - | ratio of one to five, determined as of January 1, 2025. | |
| 40 | + | deputy position would result in a deputy-to-resident ratio of 15 to | |
| 41 | + | 10,000, determined as of January 1, 2025. | |
| 42 | + | (5) "Qualified emergency dispatcher" means a person | |
| 43 | + | who provides communication support services for a sheriff's office | |
| 44 | + | by responding to requests for assistance in emergencies. | |
| 45 | + | (6) "Qualified investigator position" has the meaning | |
| 46 | + | assigned by Section 130.9116. | |
| 72 | 47 | (b) The comptroller shall establish and administer the | |
| 73 | 48 | rural sheriff's deputy shortage relief grant program to support the | |
| 74 | 49 | state purpose of ensuring professional law enforcement throughout | |
| 75 | 50 | the state by providing financial assistance to sheriff's | |
| 76 | 51 | departments in qualified counties. | |
| 77 | 52 | (c) Not later than the 30th day after the first day of a | |
| 78 | 53 | qualified county's fiscal year, the county may submit an | |
| 79 | 54 | application for a grant to the comptroller. The county must | |
| 80 | 55 | indicate in the application the number of qualified deputy | |
| 81 | - | positions, qualified investigator positions, qualified emergency | |
| 82 | - | dispatcher positions, and qualified investigative support staff | |
| 83 | - | member positions the county is requesting for inclusion in the | |
| 56 | + | positions the county is requesting for inclusion in the | |
| 84 | 57 | determination of the amount of the grant for that fiscal year and | |
| 85 | - | the number of qualified deputy positions and qualified investigator | |
| 86 | - | positions for which the county is requesting additional funds | |
| 87 | - | described by Subsections (d)(2) and (4). A county may submit only | |
| 88 | - | one application each fiscal year. | |
| 89 | - | (d) Subject to Subsections (e), (f), (g), (h), and (k), the | |
| 58 | + | the number for which the county is requesting additional funds | |
| 59 | + | described by Subsection (d)(2). A county may submit only one | |
| 60 | + | application each fiscal year. | |
| 61 | + | (d) Subject to Subsections (e), (f), and (j), the | |
| 90 | 62 | comptroller shall award a grant to a qualified county that applies | |
| 91 | 63 | for the grant using money appropriated to the comptroller for that | |
| 92 | 64 | purpose. The grant must be in the following amount: | |
| 93 | 65 | (1) $50,000 for each qualified deputy position | |
| 94 | 66 | indicated by the county in the application for that fiscal year; | |
| 95 | 67 | (2) an additional $50,000 for each qualified deputy | |
| 96 | 68 | position indicated in the application for that fiscal year, unless | |
| 97 | 69 | the county has received a grant under this subdivision for that | |
| 98 | 70 | position in a preceding fiscal year; | |
| 99 | 71 | (3) $50,000 for each qualified investigator position | |
| 100 | 72 | indicated by the county in the application for that fiscal year | |
| 101 | - | necessary for an investigator-to-patrol ratio of one to five after | |
| 102 | - | filling the qualified deputy positions under the grant; | |
| 103 | - | (4) an additional $50,000 for each qualified | |
| 104 | - | investigator position indicated in the application for that fiscal | |
| 105 | - | year, unless the county has received a grant under this subdivision | |
| 106 | - | for that position in a preceding fiscal year; | |
| 107 | - | (5) $35,000 for each qualified emergency dispatcher | |
| 108 | - | indicated by the county in the application for that fiscal year; and | |
| 109 | - | (6) $35,000 for each qualified investigative support | |
| 110 | - | staff member indicated by the county in the application for that | |
| 111 | - | fiscal year. | |
| 73 | + | necessary for an investigator-to-patrol ratio, as defined by | |
| 74 | + | Section 130.9116, of one to five after filling the qualified deputy | |
| 75 | + | positions under the grant; and | |
| 76 | + | (4) $35,000 for each qualified emergency dispatcher | |
| 77 | + | indicated by the county in the application for that fiscal year. | |
| 112 | 78 | (e) This subsection applies only to a fiscal year of a | |
| 113 | 79 | qualified county that meets the deputy-to-resident ratio described | |
| 114 | - | by Subsection (a)( | |
| 80 | + | by Subsection (a)(4)(C) during a calendar year that begins on or | |
| 115 | 81 | after January 1, 2025, but before the calendar year in which the | |
| 116 | 82 | fiscal year begins. A qualified county is not eligible to receive a | |
| 117 | 83 | grant under this section for a fiscal year unless the county adopts | |
| 118 | 84 | a budget for the fiscal year that provides for the employment of a | |
| 119 | 85 | number of deputy sheriffs necessary to meet the deputy-to-resident | |
| 120 | 86 | ratio of at least 15 to 10,000, determined as of January 1 of the | |
| 121 | 87 | calendar year in which the fiscal year begins. | |
| 122 | 88 | (f) This subsection applies only to a fiscal year of a | |
| 123 | 89 | qualified county for which the number of qualified deputy positions | |
| 124 | 90 | the county is otherwise entitled to receive a grant for under this | |
| 125 | 91 | section is greater than the number of qualified deputy positions | |
| 126 | 92 | the county would be entitled to receive a grant for under this | |
| 127 | 93 | section if the deputy-to-resident ratio described by Subsection | |
| 128 | - | (a)( | |
| 94 | + | (a)(4)(C) is determined as of January 1 of the calendar year in | |
| 129 | 95 | which the fiscal year begins instead of January 1, 2025. A | |
| 130 | 96 | qualified county is entitled to receive a grant under this section | |
| 131 | 97 | only for the number of qualified deputy positions the county would | |
| 132 | 98 | be entitled to receive a grant for if the deputy-to-resident ratio | |
| 133 | - | described by Subsection (a)(5)(B)(i) is determined as of January 1 | |
| 134 | - | of the calendar year in which the fiscal year begins instead of | |
| 135 | - | January 1, 2025. | |
| 136 | - | (g) This subsection applies only to a fiscal year of a | |
| 137 | - | qualified county that meets the investigator-to-patrol ratio | |
| 138 | - | described by Subsection (a)(5)(B)(ii) during a calendar year that | |
| 139 | - | begins on or after January 1, 2025, but before the calendar year in | |
| 140 | - | which the fiscal year begins. A qualified county is not eligible to | |
| 141 | - | receive a grant under this section for a fiscal year unless the | |
| 142 | - | county adopts a budget for the fiscal year that provides for the | |
| 143 | - | employment of a number of deputy sheriffs necessary to meet the | |
| 144 | - | investigator-to-patrol ratio of at least one to five, determined as | |
| 145 | - | of January 1 of the calendar year in which the fiscal year begins. | |
| 146 | - | (h) This subsection applies only to a fiscal year of a | |
| 147 | - | qualified county for which the number of qualified investigator | |
| 148 | - | positions the county is otherwise entitled to receive a grant for | |
| 149 | - | under this section is greater than the number of qualified | |
| 150 | - | investigator positions the county would be entitled to receive a | |
| 151 | - | grant for under this section if the investigator-to-patrol ratio | |
| 152 | - | described by Subsection (a)(5)(B)(ii) is determined as of January 1 | |
| 153 | - | of the calendar year in which the fiscal year begins instead of | |
| 154 | - | January 1, 2025. A qualified county is entitled to receive a grant | |
| 155 | - | under this section only for the number of qualified investigator | |
| 156 | - | positions the county would be entitled to receive a grant for if the | |
| 157 | - | investigator-to-patrol ratio described by Subsection (a)(5)(B)(ii) | |
| 158 | - | is determined as of January 1 of the calendar year in which the | |
| 159 | - | fiscal year begins instead of January 1, 2025. | |
| 160 | - | (i) A county that is awarded a grant shall use or authorize | |
| 99 | + | described by Subsection (a)(4)(C) is determined as of January 1 of | |
| 100 | + | the calendar year in which the fiscal year begins instead of January | |
| 101 | + | 1, 2025. | |
| 102 | + | (g) A county that is awarded a grant shall use or authorize | |
| 161 | 103 | the use of the grant money only: | |
| 162 | 104 | (1) to provide to each deputy sheriff who fills a | |
| 163 | 105 | qualified deputy position a minimum annual salary of at least | |
| 164 | 106 | $45,000; | |
| 165 | 107 | (2) to provide to each deputy sheriff who fills a | |
| 166 | 108 | qualified investigator position a minimum annual salary of at least | |
| 167 | 109 | $45,000; | |
| 168 | 110 | (3) to provide to each dispatcher who fills a | |
| 169 | 111 | qualified emergency dispatcher position a minimum annual salary of | |
| 170 | - | at least $30,000; | |
| 171 | - | (4) to provide to each investigative support staff | |
| 172 | - | member who fills a qualified investigative support staff position a | |
| 173 | - | minimum salary of at least $30,000; | |
| 174 | - | (5) to purchase vehicles, firearms, and safety | |
| 112 | + | at least $30,000; and | |
| 113 | + | (4) to purchase vehicles, firearms, and safety | |
| 175 | 114 | equipment for the use of a deputy sheriff who fills a qualified | |
| 176 | - | deputy position | |
| 177 | - | ( | |
| 178 | - | ||
| 179 | - | | |
| 180 | - | ( | |
| 115 | + | deputy position. | |
| 116 | + | (h) A county that is awarded a grant may not use or authorize | |
| 117 | + | the use of the grant money for a purpose other than prescribed by | |
| 118 | + | Subsection (g)(1) until that requirement is satisfied. | |
| 119 | + | (i) A county that is awarded a grant may not reduce the | |
| 181 | 120 | sheriff's department budget for the county's fiscal year following | |
| 182 | 121 | the fiscal year in which the comptroller awards the grant. | |
| 183 | - | ( | |
| 184 | - | not exceed $ | |
| 122 | + | (j) The total dollar amount awarded under this section may | |
| 123 | + | not exceed $100 million in a state fiscal year. If the total dollar | |
| 185 | 124 | amount of grants to which counties are entitled under this section | |
| 186 | 125 | exceeds the limitation under this subsection in a state fiscal | |
| 187 | 126 | year, the comptroller shall proportionally reduce the amount of | |
| 188 | 127 | each grant awarded so the limitation is not exceeded. | |
| 189 | - | ( | |
| 128 | + | (k) The comptroller shall adopt rules necessary to | |
| 190 | 129 | implement this section, including rules that establish: | |
| 191 | 130 | (1) a standardized application process, including the | |
| 192 | 131 | form to be used to apply for a grant and the manner of submitting the | |
| 193 | 132 | form; | |
| 194 | 133 | (2) deadlines for: | |
| 195 | 134 | (A) applying for the grant; | |
| 196 | 135 | (B) disbursement of grant money; and | |
| 197 | 136 | (C) spending grant money; | |
| 198 | 137 | (3) procedures for: | |
| 199 | 138 | (A) monitoring the disbursement of grant money to | |
| 200 | 139 | ensure compliance with this section; and | |
| 201 | 140 | (B) the return of grant money that was not used by | |
| 202 | 141 | a county for a purpose authorized by this section; and | |
| 203 | 142 | (4) standards to determine if an emergency dispatcher | |
| 204 | 143 | is a qualified emergency dispatcher. | |
| 144 | + | Sec. 130.9116. RURAL SHERIFF'S INVESTIGATOR SHORTAGE | |
| 145 | + | RELIEF GRANT PROGRAM. (a) In this section: | |
| 146 | + | (1) "Grant" means a grant authorized to be awarded by | |
| 147 | + | the comptroller under the rural sheriff's investigator shortage | |
| 148 | + | relief grant program established by this section. | |
| 149 | + | (2) "Investigator-to-patrol ratio" means the ratio of | |
| 150 | + | the number of deputy sheriffs who conduct case investigations in | |
| 151 | + | the routine performance of deputy duties to the number of deputy | |
| 152 | + | sheriffs who make motor vehicle stops in the routine performance of | |
| 153 | + | deputy duties. | |
| 154 | + | (3) "Qualified county" means a county: | |
| 155 | + | (A) with a population of 300,000 or less; and | |
| 156 | + | (B) for which on January 1, 2025, the | |
| 157 | + | investigator-to-patrol ratio is less than one to five. | |
| 158 | + | (4) "Qualified investigative support staff member" | |
| 159 | + | means a person who provides technical support services for a | |
| 160 | + | qualified investigator in the investigation of an offense, | |
| 161 | + | including a person who provides evidence testing or analysis | |
| 162 | + | services. | |
| 163 | + | (5) "Qualified investigator position" means a deputy | |
| 164 | + | sheriff position in a qualified county that: | |
| 165 | + | (A) is held or will be held by a deputy sheriff | |
| 166 | + | who conducts case investigations in the routine performance of the | |
| 167 | + | deputy's duties; | |
| 168 | + | (B) is in addition to a deputy sheriff position | |
| 169 | + | held in the county on January 1, 2025; and | |
| 170 | + | (C) when aggregated with each other qualified | |
| 171 | + | investigator position would result in an investigator-to-patrol | |
| 172 | + | ratio of one to five, determined as of January 1, 2025. | |
| 173 | + | (b) The comptroller shall establish and administer the | |
| 174 | + | rural sheriff's investigator shortage relief grant program to | |
| 175 | + | support the state purpose of ensuring professional law enforcement | |
| 176 | + | throughout the state by providing financial assistance to sheriff's | |
| 177 | + | departments in qualified counties. | |
| 178 | + | (c) Not later than the 30th day after the first day of a | |
| 179 | + | qualified county's fiscal year, the county may submit an | |
| 180 | + | application for a grant to the comptroller. The county must | |
| 181 | + | indicate in the application the number of qualified investigator | |
| 182 | + | positions the county is requesting for inclusion in the | |
| 183 | + | determination of the amount of the grant for that fiscal year and | |
| 184 | + | the number for which the county is requesting additional funds | |
| 185 | + | described by Subsection (d)(2). A county may submit only one | |
| 186 | + | application each fiscal year. | |
| 187 | + | (d) Subject to Subsections (e), (f), and (j), the | |
| 188 | + | comptroller shall award a grant to a qualified county that applies | |
| 189 | + | for the grant using money appropriated to the comptroller for that | |
| 190 | + | purpose. The grant must be in the following amount: | |
| 191 | + | (1) $50,000 for each qualified investigator position | |
| 192 | + | indicated by the county in the application for that fiscal year; | |
| 193 | + | (2) an additional $50,000 for each qualified | |
| 194 | + | investigator position indicated in the application for that fiscal | |
| 195 | + | year, unless the county has received a grant under this subdivision | |
| 196 | + | for that position in a preceding fiscal year; and | |
| 197 | + | (3) $35,000 for each qualified investigative support | |
| 198 | + | staff member indicated by the county in the application for that | |
| 199 | + | fiscal year. | |
| 200 | + | (e) This subsection applies only to a fiscal year of a | |
| 201 | + | qualified county that meets the investigator-to-patrol ratio | |
| 202 | + | described by Subsection (a)(5)(C) during a calendar year that | |
| 203 | + | begins on or after January 1, 2025, but before the calendar year in | |
| 204 | + | which the fiscal year begins. A qualified county is not eligible to | |
| 205 | + | receive a grant under this section for a fiscal year unless the | |
| 206 | + | county adopts a budget for the fiscal year that provides for the | |
| 207 | + | employment of a number of deputy sheriffs necessary to meet the | |
| 208 | + | investigator-to-patrol ratio of at least one to five, determined as | |
| 209 | + | of January 1 of the calendar year in which the fiscal year begins. | |
| 210 | + | (f) This subsection applies only to a fiscal year of a | |
| 211 | + | qualified county for which the number of qualified investigator | |
| 212 | + | positions the county is otherwise entitled to receive a grant for | |
| 213 | + | under this section is greater than the number of qualified | |
| 214 | + | investigator positions the county would be entitled to receive a | |
| 215 | + | grant for under this section if the investigator-to-patrol ratio | |
| 216 | + | described by Subsection (a)(5)(C) is determined as of January 1 of | |
| 217 | + | the calendar year in which the fiscal year begins instead of January | |
| 218 | + | 1, 2025. A qualified county is entitled to receive a grant under | |
| 219 | + | this section only for the number of qualified investigator | |
| 220 | + | positions the county would be entitled to receive a grant for if the | |
| 221 | + | investigator-to-patrol ratio described by Subsection (a)(5)(C) is | |
| 222 | + | determined as of January 1 of the calendar year in which the fiscal | |
| 223 | + | year begins instead of January 1, 2025. | |
| 224 | + | (g) A county that is awarded a grant shall use or authorize | |
| 225 | + | the use of the grant money only: | |
| 226 | + | (1) to provide to each deputy sheriff who fills a | |
| 227 | + | qualified investigator position a minimum annual salary of at least | |
| 228 | + | $45,000; | |
| 229 | + | (2) to provide to each investigative support staff | |
| 230 | + | member who fills a qualified investigative support staff position a | |
| 231 | + | minimum annual salary of at least $30,000; and | |
| 232 | + | (3) to purchase vehicles, firearms, investigative | |
| 233 | + | tools, and safety equipment for the use of a deputy sheriff who | |
| 234 | + | fills a qualified investigator position. | |
| 235 | + | (h) A county that is awarded a grant may not use or authorize | |
| 236 | + | the use of the grant money for a purpose other than prescribed by | |
| 237 | + | Subsection (g)(1) until that requirement is satisfied. | |
| 238 | + | (i) A county that is awarded a grant may not reduce the | |
| 239 | + | sheriff's department budget for the county's fiscal year following | |
| 240 | + | the fiscal year in which the comptroller awards the grant. | |
| 241 | + | (j) The total dollar amount awarded under this section may | |
| 242 | + | not exceed $50 million in a state fiscal year. If the total dollar | |
| 243 | + | amount of grants to which counties are entitled under this section | |
| 244 | + | exceeds the limitation under this subsection in a state fiscal | |
| 245 | + | year, the comptroller shall proportionally reduce the amount of | |
| 246 | + | each grant awarded so the limitation is not exceeded. | |
| 247 | + | (k) The comptroller shall adopt rules necessary to | |
| 248 | + | implement this section, including rules that establish: | |
| 249 | + | (1) a standardized application process, including the | |
| 250 | + | form to be used to apply for a grant and the manner of submitting the | |
| 251 | + | form; | |
| 252 | + | (2) deadlines for: | |
| 253 | + | (A) applying for the grant; | |
| 254 | + | (B) disbursement of grant money; and | |
| 255 | + | (C) spending grant money; | |
| 256 | + | (3) procedures for: | |
| 257 | + | (A) monitoring the disbursement of grant money to | |
| 258 | + | ensure compliance with this section; and | |
| 259 | + | (B) the return of grant money that was not used by | |
| 260 | + | a county for a purpose authorized by this section; and | |
| 261 | + | (4) standards to determine if an investigative support | |
| 262 | + | staff member is a qualified investigative support staff member. | |
| 205 | 263 | SECTION 2. A qualified county, as defined by Section | |
| 206 | 264 | 130.9115, Local Government Code, as added by this Act, may not apply | |
| 207 | - | for a grant under that section before September 1, 2026. | |
| 208 | - | SECTION 3. This Act takes effect September 1, 2025. | |
| 265 | + | for a grant under that section before January 1, 2026. | |
| 266 | + | SECTION 3. A qualified county, as defined by Section | |
| 267 | + | 130.9116, Local Government Code, as added by this Act, may not apply | |
| 268 | + | for a grant under that section before January 1, 2026. | |
| 269 | + | SECTION 4. Not later than January 1, 2026, the comptroller | |
| 270 | + | of public accounts shall comply with the requirements of Sections | |
| 271 | + | 130.9115 and 130.9116, Local Government Code, as added by this Act. | |
| 272 | + | SECTION 5. This Act takes effect September 1, 2025. |