Texas 2025 - 89th Regular

Texas House Bill HB336 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1039 MP-D
2	2	By: Schofield H.B. No. 336
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of sheriffs and constables to enter into
10	10	contracts to provide law enforcement services in certain counties
11	11	and county financial authority in relation to sheriffs and
12	12	constables in certain counties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter B, Chapter 85, Local Government Code,
15	15	is amended by adding Section 85.025 to read as follows:
16	16	Sec. 85.025. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
17	17	LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
18	18	(1) "Property owners' association" has the meaning
19	19	assigned by Section 202.001, Property Code.
20	20	(2) "Subdivision" has the meaning assigned by Section
21	21	201.003, Property Code.
22	22	(b) This section applies only to a county with a population
23	23	of 1 million or more.
24	24	(c) A sheriff may enter into a contract with a property
25	25	owners' association or an owner of land in a subdivision to provide
26	26	law enforcement services in the sheriff's county:
27	27	(1) in and near the area managed or regulated by the
28	28	association or the area owned by the owner; and
29	29	(2) to the persons residing in or visiting an area
30	30	described by Subdivision (1).
31	31	(d) The commissioners court of the sheriff's county may not
32	32	prohibit or otherwise restrict the sheriff from entering into a
33	33	contract under this section. The sheriff may enter into the
34	34	contract and determine the terms of the contract, regardless of
35	35	whether the commissioners court approves of the contract or the
36	36	terms.
37	37	SECTION 2. Subchapter C, Chapter 86, Local Government Code,
38	38	is amended by adding Section 86.026 to read as follows:
39	39	Sec. 86.026. AUTHORITY TO ENTER INTO CONTRACT TO PROVIDE
40	40	LAW ENFORCEMENT SERVICES IN CERTAIN COUNTIES. (a) In this section:
41	41	(1) "Property owners' association" has the meaning
42	42	assigned by Section 202.001, Property Code.
43	43	(2) "Subdivision" has the meaning assigned by Section
44	44	201.003, Property Code.
45	45	(b) This section applies only to a county with a population
46	46	of 1 million or more.
47	47	(c) A constable may enter into a contract with a property
48	48	owners' association or an owner of land in a subdivision to provide
49	49	law enforcement services in the constable's precinct:
50	50	(1) in and near the area managed or regulated by the
51	51	association or the area owned by the owner; and
52	52	(2) to the persons residing in or visiting an area
53	53	described by Subdivision (1).
54	54	(d) The commissioners court of a constable's county may not
55	55	prohibit or otherwise restrict the constable from entering into a
56	56	contract under this section. The constable may enter into the
57	57	contract and determine the terms of the contract, regardless of
58	58	whether the commissioners court approves of the contract or the
59	59	terms.
60	60	SECTION 3. Subchapter Z, Chapter 130, Local Government
61	61	Code, is amended by adding Section 130.903 to read as follows:
62	62	Sec. 130.903. REQUIREMENTS AND PROHIBITIONS RELATED TO
63	63	COUNTY LAW ENFORCEMENT IN CERTAIN COUNTIES. (a) This section
64	64	applies only to a county with a population of 1 million or more.
65	65	(b) A county may not:
66	66	(1) transfer money appropriated to the office of
67	67	sheriff or constable to the county's general revenue fund or any
68	68	other county account; or
69	69	(2) prohibit the office of sheriff or constable from
70	70	spending money appropriated to the office for any lawful purpose.
71	71	(c) In relation to money received under a contract entered
72	72	into under Section 85.025 or 86.026, the commissioners court of the
73	73	sheriff's or constable's county:
74	74	(1) shall credit the money to the office of the sheriff
75	75	or constable, as applicable, and may not credit the money to the
76	76	county's general revenue fund; and
77	77	(2) may not reduce the appropriation to the office of
78	78	the sheriff or constable, as applicable, by the amount of the money
79	79	received because the money is considered for purposes of Section
80	80	120.002 as part of the office's appropriation for the county fiscal
81	81	year in which the money is received.
82	82	(d) The county may not prohibit or otherwise restrict the
83	83	use of the money described by Subsection (b) by the sheriff or
84	84	constable, as applicable, for a lawful purpose, if the county
85	85	auditor or county treasurer determines that the money is available
86	86	to the office of the sheriff or constable, as applicable.
87	87	SECTION 4. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2025.